CITY AND COUNTY OF
SAN FRANCISCO
MUNICIPAL CODE
POLICE CODE
*
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
2006
CITY AND COUNTY OF SAN FRANCISCO
MUNICIPAL CODE
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Business and Tax Regulations Code
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Municipal Elections Code
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Traffic Code
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Supp. No. 1, September 2006
[INTENTIONALLY LEFT BLANK]
Supp. No. 1, September 2006
PREFACE TO THE
POLICE CODE
The San Francisco Municipal Code contains ordinances enacted through
Ordinance 75-08, File Number 071531, Approved May 9, 2008. A
legislative history, containing ordinance number and approval date, is
located at the conclusion of most sections. The legislative history of
ordinances approved after March 1999 also contain Board of Supervi-
sors file numbers.
Supp. No. 16, April 2008
[INTENTIONALLY LEFT BLANK]
Supp. No. 16, April 2008
POLICE CODE
Article Page
1. PUBLIC NUISANCES 7
1.1. REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION . 51
1.2. DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR
CHILDREN 63
1.3. TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLL-
BACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUND-
ING ANY RENT INCREASES 71
1.4. [RESERVED] 79
1.5. DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS 89
2. DISORDERLY CONDUCT 95
3. GAMES OF CHANCE 119
4. PARADES 131
4.1. [RESERVED] 143
4.2. [RESERVED] 153
4.3. [RESERVED] 163
4.4. [RESERVED] 173
4.5. FUNERAL PROCESSION ESCORTS 183
5. OFFENSIVE POWDERS 197
6. FRAUD AND DECEIT 205
7. ANIMALS AND BIRDS 215
7.1. HORSE-DRAWN VEHICLES 219
8. MINORS 235
9. MISCELLANEOUS CONDUCT REGULATIONS 253
9.1. [RESERVED] 331
9.2. [RESERVED] 341
9.3. [RESERVED] 351
9.4. [RESERVED] 361
9.5. PROHIBITING OF PROFESSIONAL STRIKEBREAKERS 371
9.6. REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES. 379
10. REGULATIONS FOR ADVERTISING 417
San Francisco— Police Code 2
Article Page
10.1. REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAW-
INGS ON NEWSRACKS 435
10.2. REGULATION OF COMPUTER RENTAL BUSINESSES 441
11. REGULATIONS FOR AMUSEMENTS 449
11.1. COMMERCIAL DISPLAY OF DEAD HUMAN BODIES 461
11.2. REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES
PERMIT AND LICENSE PROVISIONS 469
12. REGULATIONS FOR AUTOMOBILES 477
13. MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES. 499
13.1. JUNK DEALERS— PERMIT AND REGULATION 535
14. LICENSES FOR ADVERTISING 551
15. LICENSES FOR AMUSEMENTS 561
15.1. ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVI-
SIONS 605
15.2. ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PRE-
MISES 621
15.3. PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES . 643
15.4. ENCOUNTER STUDIOS 651
15.5. NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS 683
15.6. ESCORT SERVICES 711
16. REGULATIONS FOR MOTOR VEHICLES FOR HIRE 729
17. MISCELLANEOUS LICENSE REGULATIONS 805
17.1. REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE
PROVISIONS 827
17.2. REGULATIONS FOR MOBILE CATERERS PERMIT AND LICENSE
PROVISIONS 841
17.3. PERMIT REGULATIONS FOR PUSHCART PEDDLERS AND PUSH-
CART OPERATORS CONCERNING PRODUCTS FOR HUMAN CON-
SUMPTION 867
18. SAN FRANCISCO POLICE PISTOL RANGE 881
19. DISPOSAL OF UNCLAIMED PROPERTY 893
20. REPRODUCING AND FURNISHING REPORTS 901
21. AIR TRAVEL TICKET BUSINESS 909
22. CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE
HEALTH CODE AND POLICE CODE 917
3 San Francisco — Police Code
Article Page
23. REGULATIONS FOR PORT AREA . 927
24. REGULATING STREET ARTISTS 941
25. REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SER-
VICES 961
26. REGULATIONS FOR PUBLIC BATH HOUSES 979
27. [RESERVED] 995
28. REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PRO-
VISIONS 1011
29. REGULATION OF NOISE 1031
30. PERMITS FOR TOW CAR DRIVERS 1051
30.1. PERMITS FOR TOW CAR FIRMS 1063
31. REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PRO-
VISIONS 1075
32. REGULATIONS FOR CONDUCTING BINGO GAMES 1083
32A. REGULATIONS FOR CONDUCTING POKER GAMES 1099
33. PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCES-
TRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION,
CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY,
WEIGHT, OR HEIGHT 1117
33A. PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE
RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EM-
PLOYER DRUG TESTING OF EMPLOYEES 1133
33B. PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANI-
ZATIONS WHICH ARE NOT DISTINCTLY PRIVATE 1141
33C. DISPLACED WORKER PROTECTION 1151
33D. GROCERY WORKER RETENTION 1159
34. REGULATIONS FOR PHOTOGRAPHERS— PERMIT AND LICENSE
PROVISIONS 1163
35. FIREARM STRICT LIABILITY ACT 1177
35A. REPEALED 1185
36. PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE
INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSES-
SION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING
OR SERVING ALCOHOLIC BEVERAGES 1195
36A. [SALE, MANUFACTURE AND DISTRIBUTION OF FIREARMS AND
AMMUNITION; POSSESSION OF HANDGUNS] 1207
Supp. No. 2, October 2006
San Francisco— Police Code 4
Article Page
37. POLICE EMERGENCY ALARM ORDINANCE 1213
38. PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND
ASSOCIATED CONDITIONS 1245
39. PEDICABS 1271
40. DRUG FREE WORKPLACE ORDINANCE 1285
41. PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODER-
MIC NEEDLES OR SYRINGES 1307
42. SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER
PENS 1319
42A. COLOR TIRES 1327
42B. MERCURY THERMOMETERS 1333
42C. [RESERVED] 1343
42D. SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC
ACID 1353
43. ACCESS TO HEALTH CARE FACILITIES 1363
44. [RESERVED] 1375
45. FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE. 1385
46. PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO
PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO
ACCESS 1393
47. PERSONAL WATERCRAFT 1405
48. LASER POINTERS 1415
49. REPEALED 1421
INDEX 1425
Supp. No. 2, October 2006
ARTICLE 1: PUBLIC NUISANCES
Sec. 1.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
2.
2.1.
2.2.
2.3.
2.4.
2.5.
Sec. 2.6.
Sec. 2.7.
Sec. 2.8.
Sec. 2.9.
Sec. 2.10.
Sec. 2.11.
Sec. 2.12.
Sec. 2.13.
Sec. 2.14.
Sec. 2.15.
Sec. 2.16.
Sec. 2.17.
Sec. 2.19.
Sec. 2.20.
Sec. 2.21.
Sec. 2.22.
Sec. 2.23.
Sec. 2.24.
Sec. 2.25.
Sec. 2.26.
Ark, Boat, Vessel, Dumping, Sec. 2.26.1.
Etc., of, Prohibited.
Purpose. Sec. 2.27.
Definitions.
Fee Setting Procedure.
General Provisions.
Manner of Applying for Permit. Sec. 2.27.1.
Investigation by the Police
Department. Sec. 2.28.
Discretionary Powers. Sec. 2.29.
Transfer of Permits. Sec. 2.30.
Tax Collector to Deliver Permit.
Permits Issued by the Police Sec. 2.31.
Department. Sec 13
Annual Renewal.
Quarterly Permits to Become g ec ^3
AnnuaL Sec! 2L
Power of Revocation.
Right of Appeal.
License Fees not Refundable
Upon Revocation of Permit. g ec 22.
Filing Fees not Refundable.
Penalties for Nonpayment of
License Fees.
Revocation of Permit for Sec. 23.
Nonpayment of Permits or
Licenses.
Not Exempted from Paying
Other Fees.
Permitting Substitutes for Sec. 24.
Metal Badges.
Payment for Badge.
Payment for Identification Card.
Compliance.
Surrender of Permit. Sec. 25.
Determination of Percentage of
Fees Credited to Other
Departments.
Schedule of Permits and Filing Sec. 26.
Fees.
Schedule of Permits and Filing
Fees.
Schedule of License Fees for
Permits Issued by the Police
Department or Entertainment
Commission.
Schedule of License Fees for
Motor Vehicle For Hire Permits.
Fees for Closing-out Sales.
Additional License Fees.
Additional Fees — Motorized
Cable Cars.
Annual Adjustment of Fees.
Solicitation of Pedestrians
Prohibited; Penalty; Exception.
Penalty.
Consuming Alcoholic Beverages
on Public Streets, Etc., or on
Public Property Open to Public
View Prohibited; Penalty.
Obstructing Any Street,
Sidewalk, Passageway or Other
Public Way Prohibited; Penalty;
Exceptions.
Obstructing Any Street,
Sidewalk, Passageway or Other
Public Way Prohibited, Second
Offense Within 24 Hours;
Penalty; Exceptions.
Obstructing Any Street,
Sidewalk, Passageway or Other
Public Way Prohibited: Second
Offense Within 120 Days of
Conviction; Penalty; Exceptions.
Remaining Upon Private or
Business Property After Being
Requested to Leave; Penalty;
Exceptions.
Remaining Upon Private or
Business Property After Being
San Francisco — Police Code
Requested to Leave; Second
Offense Within 24 Hours;
Penalty; Exceptions.
Sec. 27. Remaining Upon Private or
Business Property After Being
Requested to Leave, Second
Offense Within 120 Days of
Conviction; Penalty; Exceptions.
Sec. 28. Kite Flying Prohibited Near
High Voltage Lines and
Broadcasting Towers.
Sec. 33. Rubbish, Etc., Throwing on
Streets Prohibited.
Sec. 34. Accumulation of Litter on
Sidewalks Prohibited.
Sec. 35. Cuspidors, etc., Not to be
Emptied on Sidewalk.
Sec. 35(a). Use of Sidewalk Trash or Litter
Receptacles.
Sec. 36. Tenant of Lower Flat
Responsible.
Sec. 37. Penalty.
Sec. 38. Enforcement of Litter Laws;
Designated Officers and
Employees.
Sec. 39. Procedure for Enforcement of
Litter Laws.
Sec. 39-1. Procedure for Assessment and
Collection of Administrative
Penalties for Specified Littering
and Nuisance Violations.
Sec. 43. Permits for Use of Loudspeaker
or Sound Amplifying Equipment
Outside Buildings or Out of
Doors.
Sec.
43.1.
Filing Fee.
Sec.
43.2.
License Fee.
Sec.
44.
"Person" Defined.
Sec.
45.
Exceptions — Radio, Television
Receiving Sets, Pedestrian
Operated Bullhorns.
Sec.
46.
Definitions, (a) "Sound Truck."
(b) "Sound Amplifying
Equipment."
Sec.
47.
Use of Sound Trucks,
Registration and Permit
Required.
Sec.
47.1.
Registration Statement
Amendment.
Sec.
47.2.
Regulations For Use.
Sec.
48.
License Required.
Sec.
49.
Unnecessary Noise, Authorized
Emergency Vehicles.
Sec.
50.
Severability.
Sec.
51.
Smoking in Enclosed Section of
Street Cars, Cable Cars, Motor
Coaches and Trolley Coaches
Prohibited.
Sec.
52.
Penalty.
Sec.
53.
Smoking Prohibited in Taxicabs
Where Sign Posted.
Sec.
53.1.
Penalty.
Sec.
55.
Smoking, Etc., on Wharves, Etc.
Sec.
55.1.
Open Flame or Electric Arc
Unlawful — Exception.
Sec.
56.
Authority to Make Rules.
Sec.
57.
Violation.
Sec.
58.
Exception.
Sec.
63.
Obstructions on Streets and
Sidewalks.
Sec.
64.
Exceptions.
Sec.
69.
Piling of Lumber and Timber
Regulated.
Sec.
74.
Hydrants, Obstruction of,
Prohibited.
Sec.
87.
Scattering Billposting Refuse
Prohibited.
Sec.
95.
Prohibiting the Free
Distribution of Tobacco in Public
Places; Penalty.
SEC. 1. ARK, BOAT, VESSEL, DUMPING,
ETC., OF, PROHIBITED.
It shall be unlawful for any person, firm,
association or corporation to dump or discard
any boat, vessel, barge, ark, or any floating
structure, on the shore line, or streets of the City
and County of San Francisco, that are now
submerged, or any portion of the City and County
of San Francisco inside of the boundary of the
State of California's property on the waterfront
of said City and County of San Francisco. (Added
by Ord. 1.075, App. 10/11/38)
Public Nuisances
Sec. 2.6.
SEC. 2. PURPOSE.
It is the intent of the Board of Supervisors
that the costs incurred by the City and County of
San Francisco (hereinafter the City) in process-
ing applications for permits issued by the Police
Department or Entertainment Commission, and
regulating activities authorized thereby, shall be
defrayed by filing fees and license fees (as here-
inafter defined), which fees are imposed solely
for the purpose of paying for the processing and
regulatory services provided. (Added by Ord.
555-81, App. 11/12/81; amended by Ord. 164-02,
File No. 020783, App. 7/26/2002)
SEC. 2.1. DEFINITIONS.
(a) Filing Fee. A filing fee is a fee levied by
the Department to reimburse it for all costs,
direct and indirect, including an allocatable por-
tion of fixed overhead costs, incurred in process-
ing any permit application or application for
amendment to a permit, and in conducting any
investigation connected therewith.
(b) License Fee. A license fee is a fee levied
by the Department on behalf of the City to
reimburse the City for the costs incurred by the
City in engaging in regulatory, inspection, and
police activities in connection with the type of
activity, business, profession, calling or event
authorized by each type of permit approved by
the San Francisco Police Department or Enter-
tainment Commission. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 2.2. FEE SETTING PROCEDURE.
Each year the Chief of Police and Executive
Director of the Entertainment Commission shall
cause a report to be made of the revenues re-
ceived from each type of fee collected by the
Police Department and Entertainment Commis-
sion, respectively, the costs incurred in providing
the services for which the fee is assessed, the
anticipated costs for the ensuing fiscal year and
the rates which would be necessary to support
such costs for each type of fee. Said report shall
be filed with the Controller no later than April
1st of each year pursuant to the provisions of
Section 3.17-2 of the San Francisco Administra-
tive Code.
The Controller shall file said report with the
Board of Supervisors no later than May 15th of
each year and the Board of Supervisors shall, by
ordinance, establish or readjust the rates for the
filing fees and license fees. The rates set shall be
equal to, but not greater than, the rates neces-
sary to support the costs of providing the services
for which each fee is assessed. (Added by Ord.
555-81, App. 11/12/81; amended by Ord. 193-05,
File No. 051027, App. 7/29/2005)
SEC. 2.3. GENERAL PROVISIONS.
A permit does not take the place of any
license required by law. A permit shall not be
transferable except as provided in this Code.
(Added by Ord. 555-81, App. 11/12/81)
SEC. 2.4. MANNER OF APPLYING FOR
PERMIT.
All applications for permits required by this
Code shall be made to the Police Department or
Entertainment Commission in the manner pre-
scribed in this Code and in Part III of the San
Francisco Municipal Code. (Added by Ord. 555-
81, App. 11/12/81; amended by Ord. 164-02, File
No. 020783, App. 7/26/2002)
SEC. 2.5. INVESTIGATION BY THE
POLICE DEPARTMENT.
When an application is filed with the Police
Department or Entertainment Commission for
any of the permits required by this Code, the
Police Department shall cause an investigation
to be made when required by this Code prior to
deciding whether to grant the permit. No permit
may be issued without such investigation when
it is required. (Added by Ord. 555-81, App. 11/12/
81; amended by Ord. 164-02, File No. 020783,
App. 7/26/2002)
SEC. 2.6. DISCRETIONARY POWERS.
The Police Department or Entertainment Com-
mission, as the case may be, may issue a permit
or in the exercise of the discretion provided in
Section 26, Part III of the San Francisco Munici-
Sec. 2.6.
San Francisco— Police Code
10
pal Code, the Police Department or Entertain-
ment Commission, as the case may be, may deny
the permit; provided, however that when the
approval of other City Departments is required,
no permit shall be issued without the approval of
such Departments. (Added by Ord. 555-81, App.
11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 2.7. TRANSFER OF PERMITS.
No permits issued by the Police Department
or Entertainment Commission, as the case may
be, are transferable except as expressly permit-
ted in this Code. All applications for transfer of
permit shall be made to the Police Department
or Entertainment Commission, as the case may
be, and shall be accompanied by the payment of
the same filing fee as for an initial application.
(Added by Ord. 555-81, App. 11/12/81; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 2.8. TAX COLLECTOR TO
DELIVER PERMIT.
Upon approval of the permit by the Police
Department or Entertainment Commission, as
the case may be, said permit, except as provided
in Section 2.9 of this Article, shall be delivered to
the Office of the Tax Collector, where it shall be
delivered in turn to the applicant upon payment
to the Tax Collector of the license fee required by
law or ordinance. Written notice of the renewal,
annual or otherwise, of a permit shall be deliv-
ered to the applicant upon payment of the an-
nual license fee to the Tax Collector; but such
permit or license shall not be delivered to the
applicant by the Tax Collector if the Tax Collec-
tor receives written notification from the Police
Department or Entertainment Commission, de-
pending on which one has authority to approve
the particular type of permit or license, request-
ing that the issuance of such permit or license be
withheld. (Added by Ord. 555-81, App. 11/12/81;
amended by Ord. 164-02, File No. 020783, App.
7/26/2002)
SEC. 2.9. PERMITS ISSUED BY THE
POLICE DEPARTMENT OR
ENTERTAINMENT COMMISSION.
Since the following permits have no license in
connection therewith, they will not be delivered
to the Tax Collector, but will be issued directly
from the office of the Police Department or
Entertainment Commission, as the case may be.
Change in Color Scheme.
Closing-Out Sale.
Dance Hall Keeper, One Night Dance.
(Added by Ord. 555-81, App. 11/12/81; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002;
Ord. 193-05, File No. 051027, App. 7/29/2005)
SEC. 2.10. ANNUAL RENEWAL.
Permits issued by the Police Department or
Entertainment Commission after the adoption of
this ordinance, with the exception of permits
issued for temporary operations, shall be valid
until the next annual renewal date as provided
in this Code or for one year from the date of
issuance when there is no annual renewal date,
unless revoked prior to such date. The permit
shall be renewed for the ensuing year and each
year thereafter upon payment of the annual
license fee. (Added by Ord. 555-81, App. 11/12/81;
amended by Ord. 164-02, File No. 020783, App.
7/26/2002)
SEC. 2.11. QUARTERLY PERMITS TO
BECOME ANNUAL.
Quarterly permits issued by the Police De-
partment prior to the adoption of this ordinance
shall be renewed each quarter until January 1,
1982, at which time the permits shall be issued
annually as provided in Section 2.10 of this
Article. (Added by Ord. 555-81, App. 11/12/81)
SEC. 2.12. POWER OF REVOCATION.
After written notice to the permittee, and
after a hearing conducted pursuant to the re-
quirements of Article I, Part III of the San
Francisco Municipal Code, the Police Depart-
ment or Entertainment Commission, as the case
may be, shall have the power to revoke or sus-
pend any permit issued by the Police Depart-
ment or Entertainment Commission, respec-
tively, under the provisions of this Code or Part
III of the San Francisco Municipal Code for
violations of any such provisions or written regu-
lations of any Department relating to the use of
11
Public Nuisances
Sec. 2.19.
the permit by the permittee, his agent or em-
ployee. Upon a determination that the permittee
has violated or attempted to violate the aforesaid
provisions of the Municipal Code or written
Departmental regulations, the Police Depart-
ment or Entertainment Commission, as the case
may be, shall revoke or suspend the permit. The
Police Department or Entertainment Commis-
sion, as the case may be, shall forward to the Tax
Collector, and any other City Department in-
volved in the issuance of such permit, written
notice of such revocation or suspension. (Added
by Ord. 555-81, App. 11/12/81; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)
SEC. 2.13. RIGHT OF APPEAL.
Whenever an application for any permit pro-
vided for in this Code shall be denied or an
existing permit revoked or suspended, the per-
son aggrieved shall have the right to appeal to
the Board of Permit Appeals from such denial,
revocation or suspension. An appeal shall be
presented to the Board of Permit Appeals in the
manner prescribed in Article I, Part III of the
San Francisco Municipal Code. (Added by Ord.
555-81, App. 11/12/81)
SEC. 2.14. LICENSE FEES NOT
REFUNDABLE UPON REVOCATION OF
PERMIT.
License fees are not refundable upon the
revocation or suspension of any permit pursuant
to the provisions of Section 2.12 of this Article.
(Added by Ord. 555-81, App. 11/12/81)
SEC. 2.15. FILING FEES NOT
REFUNDABLE.
Filing fees are payable in advance and are
not refundable. (Added by Ord. 555-81, App.
11/12/81)
SEC. 2.16. PENALTIES FOR
NONPAYMENT OF LICENSE FEES.
All license fees are payable when due, unless
otherwise provided, at the office of the Tax Col-
lector, in the City Hall, and if a license fee is not
paid within 30 days after the same becomes due,
the Tax Collector shall add 10 percent to the
amount of the stated fee as a penalty for nonpay-
ment. If the license fee is not paid within 60 days
after the same becomes due, the Tax Collector
shall increase the penalty for nonpayment to 15
percent of the amount of the stated fee. If the
license fee is not paid within 90 days after the
same becomes due, the Tax Collector shall in-
crease the penalty for non-payment to 25 percent
of the amount of the stated fee, provided how-
ever, when a permittee has failed for a period of
six months or more to pay a license fee, the Tax
Collector shall, in such instance, impose another
penalty of 25 percent of the total amount of fee
delinquent, including previous penalty charges,
to the total amount due for the delinquency
payment. (Added by Ord. 555-81, App. 11/12/81)
SEC. 2.17. REVOCATION OF PERMIT
FOR NONPAYMENT OF PERMITS OR
LICENSES.
Each year the Tax Collector shall forward to
the Police Department and Entertainment Com-
mission a list of those permit holders who have
not paid the overdue fees for a period of six
months or more, and the Police Department or
Entertainment Commission, as the case may be,
shall initiate revocation proceedings pursuant to
the provisions of Section 2.12 of this Code. After
a permit is revoked for nonpayment of the li-
cense fee, a new permit may be issued, but only
upon filing a new application and the payment,
in advance, of the filing and license fees and any
overdue fees and penalties. (Added by Ord. 555-
81, App. 11/12/81; amended by Ord. 164-02, File
No. 020783, App. 7/26/2002)
SEC. 2.19. NOT EXEMPTED FROM
PAYING OTHER FEES.
Payment of filing fees and license fees as
provided in this Code does not exempt the permit
holder from payment of any other charges which
may be levied pursuant to other sections of the
San Francisco Municipal Code or written rules
and regulations of any department relating to
the permit. (Added by Ord. 555-81, App. 11/12/
81)
Sec. 2.20.
San Francisco— Police Code
12
SEC. 2.20. PERMITTING SUBSTITUTES
FOR METAL BADGES.
Whenever in this Part II, Chapter VIII (Po-
lice Code) of the San Francisco Municipal Code,
there appears a requirement for a metal badge,
metallic plate, metallic bus permit or metallic
chauffeur's badge, metal or metallic "jitney bus"
permit or metal or metallic "jitney bus" license
metallic badge or card or other similar require-
ment of metal, the officer responsible for the
issuance thereof may substitute any suitable
material for metal or metallic material. (Added
by Ord. 555-81, App. 11/12/81)
SEC. 2.21. PAYMENT FOR BADGE.
The Tax Collector shall collect a fee for each
badge issued in connection with a permit or
license. The cost for the badge shall be set by the
issuing department and shall be for the cost of
processing and issuing the badge. (Added by
Ord. 555-81, App. 11/12/81)
SEC. 2.22. PAYMENT FOR
IDENTIFICATION CARD.
The Tax Collector shall collect a fee for each
identification card issued in connection with a
permit or license. The cost for the identification
card shall be set by the issuing department and
shall cover the cost of processing and issuing the
identification card. (Added by Ord. 555-81, App.
11/12/81)
SEC. 2.23. COMPLIANCE.
No permit shall be granted unless the appli-
cant agrees to comply in all respects with the
applicable requirements of this Code. It shall be
unlawful to do or perform the act or carry on the
business, trade, profession or calling for which a
license or permit is required by law or ordinance
or to own, keep or use the article or thing, for the
owning, keeping or using of which a license or
permit is required by law or ordinance, unless
such license or permit be first procured. (Added
by Ord. 555-81, App. 11/12/81)
SEC. 2.24. SURRENDER OF PERMIT.
Whenever any business or occupation, for
which a permit has been issued by the Chief of
Police or Entertainment Commission, is termi-
nated or sold, the permit holder shall surrender
the permit to the Chief of Police or Entertain-
ment Commission, as the case may be, who shall
void said permit. The Chief of Police or Enter-
tainment Commission, as the case may be, shall
notify the Tax Collector when a permit has been
voided. (Added by Ord. 555-81, App. 11/12/81;
amended by Ord. 164-02, File No. 020783, App.
7/26/2002)
SEC. 2.25. DETERMINATION OF
PERCENTAGE OF FEES CREDITED TO
OTHER DEPARTMENTS.
Each year the Controller shall determine
what percentage of the money charged for any
filing fee is ;comment;ed in order to offset the
costs incurred by City departments in regulating
and inspecting permits issued by the Police De-
partment and Entertainment Commission, and
the Controller shall credit the appropriate per-
centage of such fees to the other department as
required by the Charter and Municipal Code.
(Added by Ord. 555-81, App. 11/12/81; amended
by Ord. 193-05, File No. 051027, App. 7/29/2005)
SEC. 2.26. SCHEDULE OF PERMITS
AND FILING FEES.
The following filing fees, payable in advance
to the City and County of San Francisco, are
required when submitting applications for per-
mits to the Police Department or Entertainment
Commission:
TYPE OF PERMIT FILING FEE
Permit Amendment/Additional Partner . $ 81
Amusement Park 871
Antique Shop 558
Auto Wrecker 664
Ball or Ring Throwing Games 477
Balloon and Kite Advertising 367
Billiard Parlor 456
Bingo Games 112
Amendment to Permit 112
Circus 648
Closing-Out Sale 413
Dance Hall Keeper 1,401
Amendment to Permit 660
13
Public Nuisances
Sec. 2.26
TYPE OF PERMIT FILING FEE
One Night Dance $ 40
Dealer in Firearms and/or Ammuni-
tion 961
Renewal 218
Discharge of Cannon 400
Distributor of Advertising
Class A 524
Class B 459
Driverless Auto Rental 631
Encounter Studio
Owner 725
Employee 202
Escort Service
Owner 709
Employee 202
Extended Hours Permit 1,500
Amendment to Permit 660
Fortuneteller 357
Funeral Procession Escort 224
Insignia and Uniform 13
General Soliciting Agent 252
Itinerant Show 680
Itinerant Show/Nonprofit [Fee set by
Police Code Section 1017.2] 100
Junk Dealer 945
Junk Gatherer
Resident 439
Nonresident 370
Licensed Tour Guide 272
Loudspeaker 416
Vehicle 416
Masked Ball 779
Massage Establishment 1,684
Masseur/Masseuse 202
Trainee 202
Mechanical Amusement Devices 568
Mechanical Contrivance 568
Miniature Golf Course 586
Mobile Caterer 775
Additional Stop 73
Assistant 73
Transfer of Stop 73
Museum 645
Nude Models in Public Photographic
Studio
Owner 704
Employee 202
TYPE OF PERMIT FILING FEE
Off-Heliport Landing Site $ 477
One Night Event 255
Outcall Massage 462
Pawnbroker 763
Peddler
Fish, Vegetables, Fruit 525
Food for Human Consumption 525
Nonfood 330
Employee 77
Pedicab Driver 77
Pedicab Owner
First Pedicab 372
Each Additional Pedicab 84
Photographer, Public Place
Owner 429
Solicitor 77
Photographic Solicitor
Owner 429
Employee 77
Place of Entertainment 1,500
Amendment to Permit 660
Poker 894
Amendment to Permit 79
Public Bathhouse 1,122
Public Outcry Sales 716
Pushcart Peddler 594
Recreational Equipment Vendor 408
Rodeo Exhibition/Wild West Show 651
Second Hand Dealer 558
Second Hand Dealer, Auto Accessories . . 558
Shooting Gallery 723
Skating Rink 693
Street Photographer
Owner 379
Solicitor 231
Tow Car Driver 198
Tow Car Firm 575
Trade-In Dealer 713
Valet Parking
Fixed Location 535
Annual Special Event 350
Vehicle for Hire, Nonmotorized 644
Supp. No. 10, July/August 2007
Sec. 2.26
San Francisco - Police Code
14
(Amended by Ord. 467-86, App. 12/5/86; Ord.
382-91, App. 10/28/91; Ord. 309-93, App. 10/5/93;
Ord. 238-96, App. 6/11/96; Ord. 63-97, App. 3/6/
97; Ord. 150-02, File No. 021071, App. 7/12/2002;
Ord. 164-02, File No. 020783, App. 7/26/2002;
Ord. 196-03, File No. 021948, App. 8/1/2003; Ord.
262-04, File No. 041148, App. 11/4/2004; Ord.
193-05, File No. 051027, App. 7/29/2005)
SEC. 2.26.1. SCHEDULE OF PERMITS
AND FILING FEES.
Notwithstanding the provisions of Section
1085 of this Code, the following filing fees, pay-
able in advance to the Taxi Commission, are
required when submitting applications for Motor
Vehicle for Hire permits to the Taxi Commission:
TYPE OF PERMIT FILING FEE
Color scheme, new
1—5 medallions $865.70
6—15 medallions 1,730.30
16—49 medallions 3,461.70
50 or more medallions 4,326.30
Color scheme change 288.20
Interurban bus 268.00
Jitney bus driver 53.00
Jitney bus owner 268.00
Lost medallion 172.70
Metallic medallion 34.10
Motorized rickshaw 268.00
Public convenience and necessity appli- 346.50
cation
Public passenger vehicle driver 74.80
Ramped taxicab 115.50
Sightseeing bus 268.00
Taxicab 634.70
Taxicab radio dispatch service 2,884.20
(Added by Ord. 383-91, App. 10/28/91; amended
by Ord. 309-93, App. 10/5/93; Ord. 238-96, App.
6/11/96; Ord. 63-97, App. 3/6/97; Ord. 88-99, File
No. 981443, App. 4/30/99; Ord. 176-02, File No.
011178, App. 8/23/2002; Ord. 196-07, File No.
070814, App. 8/3/2007)
SEC. 2.27. SCHEDULE OF LICENSE
FEES FOR PERMITS ISSUED BY THE
POLICE DEPARTMENT OR
ENTERTAINMENT COMMISSION.
The following license fees are payable to the
Tax Collector for permits issued by the Police
Department or Entertainment Commission and,
when applicable, for their renewal:
Note: All license fees are at an annual
rate unless otherwise indicated.
TYPE OF PERMIT LICENSE FEE
Amusement Park $ 310
Antique Shop 53
Auto Wrecker 408
Ball or Ring Throwing Games 136
Balloon and Kite Advertising . . 75 per quarter
Billiard Parlor
First Table 125
Each Additional Table 12
Bingo Game 66
Circus 275 per day
Dance Hall Keeper 354
Dealer in Firearms and/or Ammuni-
tion 378
Discharge of Cannon 41 per day
Distributor of Advertising
Class A 112
Class B 29
Driverless Auto Rental 269
Encounter Studio
Owner 426
Employee 48
Escort Service
Owner 432
Employee 75
Extended Hours Permit 470
Fortuneteller 40
Funeral Procession Escort 96
General Soliciting Agent 74
Itinerant Show, Each Concession . . 36 per day
Junk Dealer 454
Junk Gatherer
Resident 86
Nonresident 86
Licensed Tour Guide 128
Loudspeaker 135
Masked Ball 194 per day
Massage Establishment 463
Supp. No. 10, July/August 2007
15
Public Nuisances
Sec. 2.27.1.
TYPE OF PERMIT
LICENSE FEE
Masseur/Masseuse $ 75
Trainee 75 per 90-day permit
Mechanical Amusement Devices
First Machine 256
Each Additional Machine 29
Mechanical Contrivance
First Machine 144
Each Additional Machine 22
Miniature Golf Course 137
Mobile Caterer 582
Assistant 41
Museum 172
Nude Models in Public Photographic
Studio
Owner 408
Employee 75
Off-Heliport Landing Site 32 per day
Outcall Massage 393
Pawnbroker 447
Peddler
Fish, Vegetables, Fruit 624
Food for Human Consumption 624
Nonfood 166
Employee 67
Pedicab Driver 22
Pedicab Owner
First Pedicab 277
Each Additional Pedicab 139
Photographer, Public Place
Owner 172
Solicitor 66
Photographic Solicitor
Owner 139
Employee 66
Place of Entertainment 452
Poker 261
Public Bathhouse 364
Public Outcry Sales 246
Pushcart Peddler 624
Recreational Equipment Vendor 261
Rodeo Exhibition/
Wild West Show 125 per day
Second Hand Dealer 53
Second Hand Dealer, Auto Accessories. . 53
Shooting Gallery 136
Skating Rink 300
Street Photographer
TYPE OF PERMIT LICENSE FEE
Owner $137
Solicitor 67
Tow Car Driver 28
Tow Car Firm
First Tow Truck 457
Each Additional Tow Truck 182
Trade-In Dealer . 513
Valet Parking
Fixed Location 222
Annual Special Event 139
Vehicle for Hire, Nonmotorized 139
(Amended by Ord. 467-86, App. 12/5/86; Ord.
382-91, App. 10/28/91; Ord. 309-93, App. 10/5/93;
Ord. 238-96, App. 6/11/96; Ord. 63-97, App. 3/6/
97; Ord. 150-02, File No. 021071, App. 7/12/2002;
Ord. 164-02, File No. 020783, App. 7/26/2002;
Ord. 196-03, File No. 021948, App. 8/1/2003; Ord.
193-05, File No. 051027, App. 7/29/2005; Ord.
194-06, File No. 060779, App. 7/21/2006)
SEC. 2.27.1. SCHEDULE OF LICENSE
FEES FOR MOTOR VEHICLE FOR HIRE
PERMITS.
Notwithstanding the provisions of Section
1085 of this Code, the following license fees are
payable to the Tax Collector for permits issued
by the Taxi Commission and, when applicable,
for their renewal:
Note: All license fees are at an annual
rate unless otherwise indicated.
TYPE OF PERMIT LICENSE FEE
Color scheme, new
1—5 medallions $ 576.40
6—15 medallions 1,153.70
16—49 medallions 2,307.80
50 or more medallions 2,884.20
Interurban Bus 277.00
Jitney Bus Driver 58.00
Jitney Bus Owner 277.00
Motorized Rickshaw 277.00
Public Passenger Vehicle Driver 51.70
Ramped Taxicab 115.50
Sightseeing Bus 277.00
Taxicab 658.00
Supp. No. 10, July/August 2007
Sec. 2.27.1.
San Francisco - Police Code
16
TYPE OF PERMIT LICENSE FEE
Taxicab Radio Dispatch Service 2,884.20
(Added by Ord. 383-91, App. 10/28/91; amended
by Ord. 309-93, App. 10/5/93; Ord. 238-96, App.
6/11/96; Ord. 63-97, App. 3/6/97; Ord. 88-99, File
No. 981443, App. 4/30/99; Ord. 176-02, File No.
011178, App. 8/23/2002; Ord. 196-07, File No.
070814, App. 8/3/2007)
SEC. 2.29. ADDITIONAL LICENSE FEES.
(a) When either a mobile caterer's or
pawnbroker's permit and license is originally
granted an additional license fee shall be charged
as shown below:
Mobile Caterer.
Pawnbroker
$7,500
6,000
SEC. 2.28.
SALES.
FEES FOR CLOSING-OUT
(a) Notwithstanding any other provision of
law, it is the intent of the Board of Supervisors
that the following fee not only pays for the costs
of processing the permit and regulating this
activity, but also generates revenue. The Board
of Supervisors finds that this fee has, in the past,
made no distinction between processing/regula-
tory purposes and revenue generating purposes
and has been used both to pay for the processing/
regulatory costs and to generate substantial rev-
enue; that this fee has been, and continues to be,
revenue producing device: that, to insure that no
greater amount of the revenues produced be
expended to defray costs than was expended
prior to the adoption date of Article XIILA of the
California Constitution, it has become necessary,
in this case, to provide separate filing fee (which
is listed in Section 2.26 of this Article) to reflect
the increased costs of processing and regulatory
activities since July 1, 1978; and that the follow-
ing fee predates the passage of Article XIIIA of
the California Constitution and imposes no change
to this fee rate.
(b) Close-Out Sale. The fee shall be charged
of one percent of the gross retail value of the
entire stock of merchandise on hand for the
closing-out sale at the time of application for
such permit whether said sale is to be conducted
by auction or otherwise. (Amended by Ord. 355-
85, App. 7/12/85)
(b) The license fees required to be paid by
this Section are imposed, pursuant to the taxing
power of the City and County of San Francisco,
solely for the purpose of obtaining revenue and
they predated the passage of Article XIIIA of the
California Constitution.
(c) Any person required to pay a fee under
this Section shall not be relieved from the pay-
ment of any license tax or fee for the privilege of
doing such business required under any other
ordinance of the City and County and shall
remain subject to the regulatory provisions of
other ordinances.
(d) Every person to whom a license or per-
mit is transferred, except where the transfer is to
the spouse, child, or children of a license or
permit holder by testate or intestate succession
or to the spouse of a license or permit holder,
pursuant to a marital settlement agreement,
with the consent of the Chief of Police and the
Director, shall pay to the Tax Collector upon
delivery of each such license or permit by the Tax
Collector a fee as follows:
Mobile Caterer.
Pawnbroker
$ 500
6,000
(e) The Tax Collector shall transmit all mon-
eys collected pursuant to this Section of the Code
to the Treasurer for deposit to the General Fund.
(Added by Ord. 555-81, App. 11/12/81)
Supp. No. 10, July/August 2007
17
Public Nuisances
Sec. 13.
SEC. 2.30. ADDITIONAL FEES-
MOTORIZED CABLE CARS.
The following filing fees are payable in ad-
vance to the Police Department when submitting
applications for motorized cable car and motor-
ized cable car operator's permits:
Owner . .
Operator
$ 105
62
The following license fees are payable to the
Tax Collector for permits issued by the Police
Department:
Owner $ 69
Operator 11
(Added by Ord. 272-82, App. 6/10/82)
SEC. 2.31. ANNUAL ADJUSTMENT OF
FEES.
Beginning with fiscal year 2003-2004, fees
set in Sections 2.26, 2.26.1, 2.27, and 2.27.1, may
be adjusted each year, without further action by
the Board of Supervisors, to reflect changes in
the relevant Consumer Price Index, as deter-
mined by the Controller.
No later than April 15th of each year, the
Police Department, Taxi Commission, and Enter-
tainment Commission shall submit its current
fee schedule to the Controller, who shall apply
the price index adjustment to produce a new fee
schedule for the following year.
No later than May 15th of each year, the
Controller shall file a report with the Board of
Supervisors reporting the new fee schedule and
certifying that: (a) the fees produce sufficient
revenue to support the costs of providing the
services for which each fee is assessed, and (b)
the fees do not produce revenue which is more
than the costs of providing the services for which
each fee is assessed. (Added by Ord. 150-02, File
No. 021071, App. 7/12/2002; amended by Ord.
193-05, File No. 051027, App. 7/29/2005; Ord.
196-07, File No. 070814, App. 8/3/2007)
Sec. 6.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 7.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 12.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
SEC. 13. SOLICITATION OF
PEDESTRIANS PROHIBITED; PENALTY;
EXCEPTION.
(a) No person shall stand or shall cause or
permit any person to stand nor shall an em-
ployer cause or permit any person to stand on the
sidewalk or street in front of any store or build-
ing for the purpose of calling the attention of
passersby to goods, wares or merchandise dis-
played or on sale in such store or building, or in
any other store or building, or to solicit patron-
age for any business or service or to entice or
persuade passersby to enter such store or build-
ing or any other store or building, or to accept the
service of any business.
(b) Penalty. Any person who violates any
provision of this Section shall be guilty of an
infraction, the penalty for which shall be as
follows:
(1) A fine of not less than $100 nor more
than $250;
(2) A fine of not less than $250 nor more
than $750 for a second offense occurring within
six months of the prior offense; and
(3) A fine of not less than $750 nor more
than $1,000 for a third and each subsequent
offense occurring within six months of a prior
offense.
(c) Exception. It is not intended that this
Section shall apply where its application would
result in an interference with or inhibition of any
exercise of the constitutionally protected right of
freedom of speech or assembly, or with the dis-
tribution of leaflets, handbills or other written
materials. (Added by Ord. 614-79, App. 12/13/79)
Supp. No. 10, July/August 2007
Sec. 18.
San Francisco - Police Code
18
SEC. 18. PENALTY.
Any person who shall violate any of the
provisions of Section 17 of this Article shall be
guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine not to exceed
$50 or by imprisonment in the County Jail for
not more than 30 days or by both such fine and
imprisonment. (Added by Ord. 1.075, App. 10/11/
38)
SEC. 21. CONSUMING ALCOHOLIC
BEVERAGES ON PUBLIC STREETS,
ETC., OR ON PUBLIC PROPERTY OPEN
TO PUBLIC VIEW PROHIBITED;
PENALTY.
(a) No person shall consume any alcoholic
beverage in any quantity on any public street,
avenue, sidewalk, stairway, alley, or thorough-
fare within the City and County of San Fran-
cisco; nor shall any person consume any alcoholic
beverage within 15 feet of any public way or
thoroughfare while on a private stairway, door-
way, or other private property open to public
view without the express or implied permission
of the owner, his agent, or the person in lawful
possession thereof; provided, however, that the
provisions of this Section shall not apply to the
interior portion of any private dwelling, habitat,
or building, to the consumption by persons in the
areas herein designated of any duly prescribed
and dispensed medication having alcoholic con-
tent, or to those persons consuming alcoholic
beverages while viewing a parade for which a
permit has been granted pursuant to Section 367
of this Code. Further, this Section shall not be
applicable in those prescribed areas and during
such time for which permission for temporary
use or occupancy of public streets and appurte-
nant areas has been granted by:
(1) The Board of Supervisors pursuant to
the provisions of Section 2.70 of the Administra-
tive Code;
(2) The Department of Public Works pursu-
ant to the provisions of Article 5.2 of the Public
Works Code for a business establishment any-
where in San Francisco that meets the require-
ments of a full-service restaurant, pursuant to
Planning Code Section 790.92 as interpreted by
the Zoning Administrator; or
(3) The Department of Public Works pursu-
ant to the provisions of Article 5.2 of the Public
Works Code for a business establishment that
had a valid tables and chairs permit and Califor-
nia Department of Alcoholic Beverage Control
beverage license or permit on the effective date
of this ordinance.
(b) Penalty. Any person who shall violate
the provisions of this Section shall be guilty of an
infraction, the penalty for which shall be a fine of
not less than $25 nor more than $100. (Amended
by Ord. 156-86, App. 5/9/86; Ord. 400-97, App.
10/17/97)
SEC. 22. OBSTRUCTING ANY STREET,
SIDEWALK, PASSAGEWAY OR OTHER
PUBLIC WAY PROHIBITED; PENALTY;
EXCEPTIONS.
(a) No person shall wilfully and substan-
tially obstruct the free passage of any person or
persons on any street, sidewalk, passageway or
other public place.
(b) Penalty. Any person who shall violate
the provisions of this Section shall be guilty of an
infraction, the penalty for which shall be a fine of
not less than $50 nor more than $500.
(c) Exceptions. (1) It is not intended that
this Section shall apply where its application
would result in an interference with or inhibition
of any exercise of the constitutionally protected
right of freedom of speech or assembly; and (2)
nothing contained herein shall be deemed to
prohibit persons from sitting on public benches
or other public facilities provided for such pur-
pose. (Added by Ord. 454-79, App. 9/7/79)
SEC. 23. OBSTRUCTING ANY STREET,
SIDEWALK, PASSAGEWAY OR OTHER
PUBLIC WAY PROHIBITED, SECOND
OFFENSE WITHIN 24 HOURS; PENALTY;
EXCEPTIONS.
(a) Any person who wilfully and substan-
tially obstructs the free passage of any person or
persons on any street, sidewalk, passageway or
Supp. No. 10, July/August 2007
18.1 Public Nuisances Sec. 23.
other public place within 24 hours after violating
and being cited for said violation of Section 22
shall be in violation of this Section.
Supp. No. 10, July/August 2007
[INTENTIONALLY LEFT BLANK]
Supp. No. 10, July/August 2007
19
Public Nuisances
Sec. 26.
(b) Penalty. Any person who shall violate
the provisions of this Section shall be guilty of a
misdemeanor, the penalty for which shall be
imprisonment in the County Jail for a period not
exceeding six months or by a fine of not more
than $500, or by both such fine and imprison-
ment.
(c) Exceptions. (1) It is not intended that
this Section shall apply where its application
would result in an interference with or inhibition
of any exercise of the constitutionally protected
right of freedom of speech or assembly; and (2)
nothing contained herein shall be deemed to
prohibit persons from sitting on public benches
or other public facilities provided for such pur-
pose. (Added by Ord. 454-79, App. 9/7/79)
SEC. 24. OBSTRUCTING ANY STREET,
SIDEWALK, PASSAGEWAY OR OTHER
PUBLIC WAY PROHIBITED: SECOND
OFFENSE WITHIN 120 DAYS OF
CONVICTION; PENALTY; EXCEPTIONS.
(a) Any person who wilfully and substan-
tially obstructs the free passage of any person or
persons on any street, sidewalk, passageway or
other public place within 120 days after the date
of conviction of a violation of Section 22 shall be
in violation of this Section.
(b) Penalty. Any person who shall violate
the provisions of this Section shall be guilty of a
misdemeanor, the penalty for which shall be
imprisonment in the County Jail for a period not
exceeding six months or by a fine of not more
than $500, or by both such fine and imprison-
ment.
(c) Exceptions. (1) It is not intended that
this Section shall apply where its application
would result in an interference with or inhibition
of any exercise of the constitutionally protected
right of freedom of speech or assembly; and (2)
nothing contained herein shall be deemed to
prohibit persons from sitting on public benches
or other public facilities provided for such pur-
pose. (Added by Ord. 454-79, App. 9/7/79)
SEC. 25. REMAINING UPON PRIVATE
OR BUSINESS PROPERTY AFTER BEING
REQUESTED TO LEAVE; PENALTY;
EXCEPTIONS.
(a) No person shall wilfully remain upon
any private property or business premises after
being notified by the owner, lessee, or other
person in charge thereof to leave.
(b) No person, without permission, expressed
or implied, of the owner, lessee, or other person
in charge of private property or business pre-
mises shall enter upon such private property or
business premises after having been notified by
the owner, lessee, or other person in charge
thereof to keep off or to keep away therefrom.
(c) Notice. Such notification referred to in
subparagraphs (a) and (b) above may be oral or
in the form of a written notice, posted in a
conspicuous place, describing the specific area
and hours in which persons are to keep off or to
keep away.
(d) Penalty. Any person who shall violate
any of the provisions of this Section shall be
guilty of an infraction, the penalty for which
shall be a fine which shall be not less than $50
nor more than $500.
(e) Exceptions. This Section shall not ap-
ply in any of the following instances: (1) where
its application results in or is coupled with an act
prohibited by the Unruh Civil Rights Act or any
other provision of law relating to prohibited
discrimination against any person; (2) where its
application results in or is coupled with an act
prohibited by Section 365 of the California Penal
Code or any other provision of law relating to
duties of innkeepers and common carriers; or (3)
where its application would result in an interfer-
ence with or inhibition of any exercise of a
constitutionally protected right of freedom of
speech or assembly. (Added by Ord. 454-79, App.
9/7/79)
SEC. 26. REMAINING UPON PRIVATE
OR BUSINESS PROPERTY AFTER BEING
REQUESTED TO LEAVE; SECOND
OFFENSE WITHIN 24 HOURS; PENALTY;
EXCEPTIONS.
(a) Any person who remains upon or re-
turns to said private property or business pre-
mises within 24 hours after violating and being
Sec. 26.
San Francisco— Police Code
20
cited for said violation of Section 25 and who is
again notified by the owner, lessee, or other
person in charge of the property to leave, or by a
police officer at the specific request of said per-
son in charge, and who refuses to do so, shall be
in violation of this Section.
(b) Notice. Such notification referred to by
owners, lessees or other persons in charge of
premises in subparagraph (a) above may be oral
or in the form of a written notice, posted in a
conspicuous place, describing the specific area
and hours in which persons are to keep off or to
keep away.
(c) Penalty. Any person who shall violate
any of the provisions of this Section shall be
guilty of a misdemeanor, the penalty for which
shall be imprisonment in the County Jail for a
period not exceeding six months or by a fine of
not more than $500, or by both such fine and
imprisonment;
(d) Exceptions. This Section shall not ap-
ply in any of the following instances: (1) Where
its application results in or is coupled with an act
prohibited by the Unruh Civil Rights Act or any
other provision of law relating to prohibited
discrimination against any person; (2) Where its
application results in or is coupled with an act
prohibited by Section 365 of the California Penal
Code or any other provision of law relating to
duties of innkeepers and common carriers; or (3)
Where its application would result in an inter-
ference with or inhibition of any exercise of a
constitutionally protected right of freedom of
speech or assembly. (Added by Ord. 454-79, App.
9/7/79)
SEC. 27. REMAINING UPON PRIVATE
OR BUSINESS PROPERTY AFTER BEING
REQUESTED TO LEAVE, SECOND
OFFENSE WITHIN 120 DAYS OF
CONVICTION; PENALTY; EXCEPTIONS.
(a) Any person who remains upon or re-
turns to said private property or business pre-
mises within 120 days after the date of convic-
tion of a violation of Section 25 and who is again
notified by the owner, lessee, or other person in
charge of the property to leave, or by a police
officer, at the specific request of said person in
charge, and who refuses to do so, shall be in
violation of this Section.
(b) Notice. Such notification referred to by
owners, lessees or other persons in charge of
premises in subparagraph (a) above may be oral
or in the form of a written notice, posted in a
conspicuous place, describing the specific area
and hours in which persons are to keep off or to
keep away.
(c) Penalty. Any person who shall violate
any of the provisions of this Section shall be
guilty of a misdemeanor, the penalty for which
shall be imprisonment in the County Jail for a
period not exceeding six months or by a fine of
not more than $500, or by both such fine and
imprisonment;
(d) Exceptions. This Section shall not ap-
ply in any of the following instances: (1) Where
its application results in or is coupled with an act
prohibited by the Unruh Civil Rights Act or any
other provision of law relating to prohibited
discrimination against any person; (2) Where its
application results in or is coupled with an act
prohibited by Section 365 of the California Penal
Code or any other provision of law relating to
duties of innkeepers and common carriers; or (3)
Where its application would result in an inter-
ference with or inhibition of any exercise of a
constitutionally protected right of freedom of
speech or assembly. (Added by Ord. 454-79, App.
9/7/79)
SEC. 28. KITE FLYING PROHIBITED
NEAR HIGH VOLTAGE LINES AND
BROADCASTING TOWERS.
It shall be unlawful for any person to fly any
kite so that the kite, tail, or string comes within
25 feet of any high voltage overhead conductor or
artificially illuminated television or radio trans-
mitting tower. As used in this Section, a "high
voltage overhead conductor" is any electrical
conductor with a voltage in excess of 750 volts,
installed above the ground and not enclosed in
iron pipe or equivalent; and an "artificially illu-
minated television or radio transmitting tower"
is a radio or television transmitting tower equipped
21
Public Nuisances
Sec. 37.
with electric lighting to avoid hazard to aircraft.
(Amended by Ord. 458-80, App. 9/26/80)
SEC. 33. RUBBISH, ETC., THROWING
ON STREETS PROHIBITED.
It shall be unlawful for any person or persons
to put, place, sweep, throw, brush or in any other
manner deposit any rubbish, paper, cards, news-
papers, wrapping or wrapping paper, container
of any kind, string, cord, rope or other binding or
fastening material, sweepings, dirt or debris or
discarded material of any kind or character upon
any sidewalk, street, alley, gutterway or other
public place in the City and County of San
Francisco. It shall also be unlawful for any
person or persons to throw, sweep or brush any
rubbish, paper sweepings or dirt from any resi-
dence, flat, apartment house, store or office build-
ing into any sidewalk, street or alley. (Amended
by Ord. 1994, Series of 1939, App. 3/8/43)
SEC. 34. ACCUMULATION OF LITTER
ON SIDEWALKS PROHIBITED.
It shall be unlawful for the occupant, or in
the absence of an occupant, the owner or lessee,
of any building in the City and County, to permit
litter to remain or accumulate upon the sidewalk
in front of or abutting said building. Said litter
may be disposed of as provided in Section 35(a) of
the Code, provided, however, that on any day the
street fronting or abutting said building is sched-
uled to be serviced by mechanical equipment
under controlled parking conditions, said litter,
other than food products or material intended for
food or drink may be deposited in said street, but
only one hour prior to said service. The term
"litter" as used herein shall mean and include
the enumeration of items set forth in Section 33
of this Code. (Amended by Ord. 7-77, App. 1/7/77)
SEC. 35. CUSPIDORS, ETC., NOT TO BE
EMPTIED ON SIDEWALK.
No cuspidors, spittoons, tubs or other such
articles shall be washed, cleaned or emptied on
any public streets, sidewalks or alleyways in this
City and County. (Added by Ord. 1.075, App.
10/11/38)
SEC. 35(a). USE OF SIDEWALK TRASH
OR LITTER RECEPTACLES.
The litter receptacles placed on the sidewalks
by the Department of Public Works may be used
for deposit of casual litter such as food, wrappers
and lunchbags. Sweepings from sidewalk clean-
ing, as specified in Section 34, may also be
deposited in such receptacles. It is unlawful for
any person to deposit any household garbage,
refuse, waste, sweepings, or dirt collected within
any residence, flat, apartment house, store, or
office building in, on top, or alongside such litter
receptacles. (Amended by Ord. 410-75, App. 10/
1/75)
SEC. 36. TENANT OF LOWER FLAT
RESPONSIBLE.
When there are flats or more than one house
fronting on a pavement, the proprietor or tenant
of the lower flat or house nearest the sidewalk
shall be held responsible for the cleanliness of
said sidewalk. (Added by Ord. 1.075, App. 10/11/
38)
SEC. 37. PENALTY.
(a) Any person who shall violate any of the
provisions of Sections 33, 34, 35 or 36 of this
Article shall be guilty of an infraction and, upon
conviction thereof, shall be punished for the first
offense by a fine of not less than $80 nor more
than $100; and for a second offense by a fine of
not less than $150 nor more than $200; and for
each additional offense by a fine of not less than
$300 nor more than $500.
(b) Any person who shall violate any of the
provisions of Section 35(a) of this Article shall be
guilty of an infraction and, upon conviction thereof,
shall be punished for the first offense by a fine of
not less than $80 nor more than $100; for a
second offense by a fine of not less than $150 nor
more than $200; and for each additional offense
by a fine of not less than $300 nor more than
$500.
(c) Alternatively, any person who violates
any of the provisions of Sections 33, 34, or 35(a)
of this Article shall be subject to an administra-
tive penalty not to exceed $1,000 for each viola-
Sec. 37.
San Francisco— Police Code
22
tion. Administrative penalties authorized by this
section shall be assessed, enforced and collected
in accordance with Section 39-1 of this Code.
(Amended by Ord. 72-86, App. 3/14/86; Ord.
197-98, App. 6/19/98; Ord. 87-03, File No. 030482,
App. 5/9/2003; Ord. 292-04, File No. 040561,
App. 12/24/2004)
SEC. 38. ENFORCEMENT OF LITTER
LAWS; DESIGNATED OFFICERS AND
EMPLOYEES.
The classes of officers or employees of the
City and County of San Francisco hereinbelow
set forth may have the duty of enforcing those
provisions of state law or the San Francisco
Municipal Code which relate to abatement of
nuisance conditions on public property or the
littering of private or public property, including,
but not limited to, streets, sidewalks, parks,
squares or recreation areas within said City and
County, the removal or abatement of any such
litter from said private or public property or the
unauthorized use of litter receptacles. In addi-
tion to any other authority provided by state law
or the Municipal Code, each of these classes of
officers or employees may also issue citations
imposing administrative penalties authorized by
Section 39-1.
Classification
Number
3289
Classification
Class Title
Number
0941 Manager VII (positions assigned
to the Department of Public
Works only)
1312 Public Information Officer (posi-
tions assigned to the Department
of Public Works only)
1314 Public Relations Officer (posi-
tions assigned to the Department
of Public Works only)
3130 Arboretum Director
3230 Golf Director
3234 Harbormaster
3287 Assistant Recreation Supervisor
3291
3292
3418
3422
3426
3432
3436
3438
3440
3462
3464
3466
5103
5170
5173
5182
5190
5194
6120
6122
6124
6126
6127
Class Title
Recreation Supervisor
Principal Recreation Supervisor
Assistant Superintendent, Recre-
ation
Gardener Assistant Supervisor
Park Section Supervisor
Urban Forester
Assistant Director, Arboretum
Tree Topper Supervisor I
Tree Crew Supervisor II
Landscaping and Street Planting
Supervisor
Assistant Director, Golf Course
Maintenance
Area Supervisor, Parks, Squares
and Facilities
Assistant Superintendent, Parks,
Squares and Facilities
Operations Superintendent
Superintendent, Street Cleaning
and Tree Planting
Assistant Superintendent, Street
Cleaning and Tree Planting
Deputy Director of Engineering
Director of Public Works
Deputy Director for Operations
Environmental Health Inspector
Senior Environmental Health
Inspector
Principal Environmental Health
Inspector
Chief, Bureau of Environmental
Health Services
Assistant Chief, Bureau of Envi-
ronmental Health Services
23
Public Nuisances
Sec. 39-1.
Classification
Number Class Title
6230 Street Inspector
6231 Senior Street Inspector
6232 Street Inspector Supervisor
7215 General Laborer Supervisor I
7281 Street Cleaning General Fore-
man
Park Patrol Officer
Head Park Patrol Officer
Parking Controlman
Environmental Control Officer
8208
8210
8214
8280
8282
H4
H22
H32
H40
H50
Senior Environmental Control
Officer
Inspector, Bureau of Fire Preven-
tion and Public Safety
Lieutenant, Bureau of Fire Pre-
vention and Public Safety
Captain, Bureau of Fire Preven-
tion and Public Safety
Battalion Chief, Fire Department
Assistant Chief, Fire Department
(Added by Ord. 76-87, App. 3/20/87; amended by
Ord. 175-92, App. 6/16/92; Ord. 87-03, File No.
030482, App. 5/9/2003)
SEC. 39. PROCEDURE FOR
ENFORCEMENT OF LITTER LAWS.
In the enforcement of said provisions the
classes of officers and employees set forth in
Section 38 shall utilize, where appropriate, the
procedure as prescribed by Section 836.5 and
Chapter 5C (commencing with Section 853.5) of
Title 3, Part 2, of the Penal Code of the State of
California. (Added by Ord. 76-87, App. 3/20/87)
SEC. 39-1. PROCEDURE FOR
ASSESSMENT AND COLLECTION OF
ADMINISTRATIVE PENALTIES FOR
SPECIFIED LITTERING AND NUISANCE
VIOLATIONS.
(a) This Section shall govern the imposi-
tion, assessment and collection of administrative
penalties imposed pursuant to Sections 37, 38
and 63 of the Police Code, Sections 41.13, 283.1,
287, 288.1 and 600 of the Health Code, and
Sections 170, 173, 174, 174.2, 184.63 and 724.5 of
the Public Works Code.
(b) The Board of Supervisors finds:
(1) That it is in the best interest of the City
and its citizens to provide an alternative, admin-
istrative penalty mechanism for enforcement of
the littering and nuisance violations covered by
this section in addition to the existing enforce-
ment mechanisms authorized under the Califor-
nia Penal Code; and
(2) That the administrative penalty scheme
established by this section is not intended to be
punitive in nature, but is instead intended to
compensate the public for the injury and damage
caused by the prohibited conduct. The adminis-
trative penalties authorized under this section
are intended to be reasonable and not dispropor-
tionate to the damage or injury to the City and
the public caused by the prohibited conduct.
(c) Administrative Citation. Where an of-
ficer or employee designated in Section 38 deter-
mines that there has been a violation of a local
litter or nuisance law that authorizes imposition
of an administrative penalty, the officer or em-
ployee may issue an administrative citation to
the person and/or entity responsible for the vio-
lation. For purposes of this Section, an entity is
responsible if an officer, employee or agent of the
entity commits the violation. The citation shall
inform the person or entity responsible of the
date, time, place and nature of the violation and
the amount of the proposed penalty, and shall
state that the penalty is due and payable to the
City Treasurer within 15 City business days
from the date of the notice, if not contested
within the time period specified. The citation
shall also state that the person or entity respon-
Sec. 39-1.
San Francisco — Police Code
24
sible has the right, pursuant to Subsection (d), to
request administrative review of the citing of-
ficer or employee's determination as to the vio-
lation and assessment of penalties, and shall set
forth the procedure for requesting administra-
tive review. The Director shall serve the admin-
istrative citation as follows:
1. Where there is a nexus between the vio-
lator and a specific property:
(A) One copy of the Notice shall be posted in
a conspicuous place upon the building or
property.
(B) One copy of the Notice shall be served
upon each of the following:
(i) The person, if any, in real or apparent
charge and control of the premises or
property involved;
(ii) The owner of record.
Service required by subparagraph (B) may be
made by personal service or by certified mail.
2. Where the issuing officer or employee is
unable to ascertain a nexus between the viola-
tion and property within the City, a completed
copy of the administrative citation may be served
on the individual who has committed the viola-
tion by personal service or by certified mail.
3. For purposes of this Section, there is a
nexus where activity on the property has caused,
contributed to, or been a substantial factor in
causing, the violation.
(d) Request for Hearing; Hearing.
(1) A person or entity that has been issued
an administrative citation may request adminis-
trative review in order to contest the citation
issued in accordance with this section. Adminis-
trative review shall be initiated by filing a re-
quest for administrative review with the Direc-
tor of Public Works within 15 City business days
from the date of the citation. Failure to request a
hearing within the time specified in the citation
shall be deemed an admission that the cited
person or entity committed the violation identi-
fied in the administrative citation.
(2) Whenever administrative review is re-
quested pursuant to this Section, the Director of
Public Works shall, within five City business
days of receipt of the request, notify the re-
questor of the date, time, and place of the admin-
istrative review hearing by certified mail. Such
hearing shall be held no later than thirty (30)
calendar days after the Director receives the
request, unless time is extended by mutual agree-
ment of the affected parties.
(3) The administrative review hearing shall
be conducted by a neutral hearing of officer from
outside the Department of Public Works and the
department whose employee issued the citation,
assigned by the Director of Administrative Ser-
vices. The Director of Administrative Services
may issue rules as needed to implement this
requirement. The parties may present evidence
and testimony to the hearing officer. All testi-
mony shall be under oath. The hearing officer
shall ensure that a record of the proceedings is
maintained. The burden of proof to uphold the
violation shall be on the City, but the adminis-
trative citation shall be prima facie evidence of
the violation.
(4) The hearing officer shall issue a decision
including a summary of the issues and the evi-
dence presented, and findings and conclusions,
within ten (10) calendar days of the conclusion of
the hearing. The hearing officer may uphold the
penalty imposed by the citation, reduce the pen-
alty, or dismiss the citation. A copy of the deci-
sion shall be served by certified mail upon the
person or entity contesting the violation. The
decision shall be a final administrative determi-
nation. An aggrieved party may seek judicial
review of the decision pursuant to California
Code of Civil Procedure Sections 1094.5 and
1094.6.
(e) Payment and Collection of Penalty.
(1) Where a person or entity has not made a
timely request for administrative review, the
penalty shall be due and payable to the City
Treasurer on or before 15 City business days
from the date of issuance.
(2) Where a person or entity has made a
timely request for administrative review, and the
penalty has been upheld in whole or in part upon
review, any administrative penalty imposed by
the hearing officer shall be due and payable not
25
Public Nuisances
Sec. 43.1.
later than ten City business days from the date
of the notice of decision issued under subpara-
graph (d)(4).
(3) If a penalty due and payable under
paragraphs (1) or (2) remains unpaid after the
specified due date, the Director of Public Works
shall send the violator written notice that the
penalty is overdue. Penalties that remain unpaid
30 days after the due date shall be subject to a
late payment penalty of ten percent (10%) plus
interest at the rate of one percent (1%) per
month on the outstanding balance, which shall
be added to the penalty amounts from the date
that payment is due. Persons and entities against
whom administrative penalties are imposed shall
also be liable for the costs and attorney's fees
incurred by the City and County in bringing any
civil action to enforce the provisions of this
section, including obtaining a judgment for the
amount of the administrative penalty and other
costs and charges.
(4) Where there is a nexus between the
violation and property in the City owned by the
violator, the Director shall further inform the
violator that if the amount due is not paid within
30 days from the date of the notice, the Director
shall initiate proceedings to make the amount
due and all additional authorized costs and
charges, including attorneys fees, a lien on the
property. Such liens shall be imposed in accor-
dance with Chapter 10, Article XX of the Admin-
istrative Code.
(f) The revenues generated by penalties from
an administrative citation issued pursuant to
this Section may be expended only by the depart-
ment that is responsible for issuing the admin-
istrative citation, except that each department
other than Public Works that issues administra-
tive citations pursuant to this Section shall re-
imburse the Department of Public Works for the
costs incurred by the Department of Public Works
in administering review of those citations issued
by the other department. The revenues from
administrative citations issued by Class 8280
Environmental Control Officers and 8282 Senior
Environmental Control Officers may be ex-
pended exclusively by the Department of Public
Works for the purpose of funding litter enforce-
ment and abatement except where the use or
expenditure of those revenues is specifically di-
rected by law to another program within the
Department of Public Works. (Added by Ord.
87-03, File No. 030482, App. 5/9/2003; amended
by Ord. 27-06, File No. 051142, App. 2/16/2006)
SEC. 43. PERMITS FOR USE OF
LOUDSPEAKER OR SOUND AMPLIFYING
EQUIPMENT OUTSIDE BUILDINGS OR
OUT OF DOORS.
(a) Use of Loudspeakers. Upon applica-
tion made as herein provided and subject to the
provisions of Sections 47.2 and 49 of this Code,
the Entertainment Commission, at its discre-
tion, may issue a permit for use of a loudspeaker
or sound amplifier not attached to sound trucks
to project sound outside of any building or at any
location out of doors in any part of said City and
County at such times and upon such days as it
may designate, for any lawful purpose.
(b) Information Required for Permit.
Application to the Entertainment Commission
for a permit to use a loudspeaker or sound
amplifier as herein provided shall be made on a
form available at the office of the Entertainment
Commission and shall contain the following in-
formation:
(1) The name and address of applicant;
(2) The purpose for which sound amplifica-
tion will be used;
(3) Location at which loudspeaker or ampli-
fier will be placed;
(4) Hours during which sound will be am-
plified; and
(5) Dates upon which sound amplification
will be made. (Amended by Ord. 172-69, App.
5/21/69; Ord. 164-02, File No. 020783, App. 7/26/
2002; Ord. 193-05, File No. 051027, App. 7/29/
2005)
SEC. 43.1. FILING FEE.
Every person desiring a permit pursuant to
Section 43 of this Article shall file an application
with the Entertainment Commission upon a form
Sec. 43.1.
San Francisco — Police Code
26
provided by the Entertainment Commission and
shall pay a filing fee. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 43.2. LICENSE FEE.
Upon granting the loudspeaker permit, the
Entertainment Commission shall forward the
permit to the Tax Collector, if the permit autho-
rizes sound amplification for seven or more days
in a calendar year, who shall issue a license upon
payment by the applicant of the license fee,
payable in advance. (Added by Ord. 555-81, App.
11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002; Ord. 193-05, File No.
051027, App. 7/29/2005)
SEC. 44. 'PERSON 1 ' DEFINED.
The word "person" as used in Sections 43 to
49, inclusive, of this Article shall include and
mean any person, firm, association or corpora-
tion. (Amended by Ord. 172-69, pp. 5/21/69)
SEC. 45. EXCEPTIONS— RADIO,
TELEVISION RECEIVING SETS,
PEDESTRIAN OPERATED BULLHORNS.
The provisions of Sections 43 to 48, inclusive,
of this Article shall not apply (a) to radio or
television receiving sets permanently installed
in private automobiles to receive programs broad-
cast from regularly licensed and established ra-
dio stations or to other mechanical sound or
voice-reproducing devices for the pleasure and
entertainment of the occupants of such automo-
biles; (b) to radio or television receiving sets
installed in any dwelling house to receive pro-
grams broadcast from regularly licensed and
established radio stations for the pleasure and
entertainment of the occupants of such dwelling
houses; (c) to radio or television receiving sets
established or maintained in stores indoors to
demonstrate radio or television sets carried for
sale or demonstration; or (d) pedestrian operated
bullhorns, not exceeding 10 watts, E.I.A.; pro-
vided, however, that the provisions of Section 49
hereof shall be applicable to all such sets or
devices. (Amended by Ord. 172-69, App. 5/21/69)
SEC. 46. DEFINITIONS.
(a) "Sound Truck." The words "sound truck"
as used in this Code shall mean any motor
vehicle, horse drawn vehicle or other means of
conveyance, having mounted thereon, attached
thereto or carrying any sound amplifying equip-
ment.
(b) "Sound Amplifying Equipment." The
words "sound amplifying equipment" as used in
this Code, shall mean any machine or device for
the reproduction or amplification of the human
voice, music or other sound. "Sound amplifying
equipment" shall not be construed as including
standard automobile radios, television receiving
sets or mobile radio telephone equipment or
other mechanical sound or voice-reproducing de-
vices when used and heard only by occupants of
the vehicle in which installed, or warning de-
vices on authorized emergency vehicles or horns
or other warning devices on other vehicles used
only for traffic safety purposes. (Amended by
Ord. 172-69, App. 5/21/69)
SEC. 47. USE OF SOUND TRUCKS,
REGISTRATION AND PERMIT
REQUIRED.
It shall be unlawful for any person to use or
cause to be used in the City and County of San
Francisco any sound truck without first having
obtained from the Entertainment Commission a
certified copy of the endorsed registration state-
ment which shall constitute a permit to use and
operate such equipment. This certified copy shall
be placed in a conspicuous and uniform place on
each sound truck for which the permit is ob-
tained, and shall be promptly displayed and
shown to any San Francisco police officer upon
request.
(a) Each person desiring to use, or cause to
be used, any sound truck within the City and
County of San Francisco must file with the
Entertainment Commission thereof a written
registration statement in duplicate, which shall
state the following:
(1) Name and home address of the appli-
cant;
27
Public Nuisances
Sec. 47.2.
(2) Address of place of business of appli-
cant;
(3) Name and address of person having di-
rect charge of the sound truck;
(4) The purpose for which the sound truck
will be used;
(5) A general statement as to the section or
sections of the city in which the sound truck will
be used;
(6) The proposed hours of operation of the
sound truck;
(7) The number of days of proposed opera-
tion of the sound truck;
(8) The general description of the sound
amplifying equipment which is to be used;
(9) The maximum sound-producing power
of the sound amplifying equipment to be used in
or on the sound truck, the voltage used by said
equipment and the rated power output in watts.
(b) A filing fee shall be charged for each
original written registration statement filed with
the Entertainment Commission. (Added by Ord.
172-69, App. 5/21/69; amended by Ord. 555-81,
App. 11/12/81; Ord. 164-02, File No. 020783, App.
7/26/2002)
SEC. 47.1. REGISTRATION STATEMENT
AMENDMENT.
Any person using, or causing to be used, a
sound truck within the City and County of San
Francisco shall amend the registration state-
ment filed pursuant to Section 47(a) within 48
hours after any change in the information therein
furnished. (Added by Ord. 172-69, App. 5/21/69)
SEC. 47.2. REGULATIONS FOR USE.
Use of any sound amplifying equipment,
whether truck-mounted or otherwise, within the
City and County of San Francisco shall be sub-
ject to the following regulations:
(1) The only sounds permitted are music or
human speech;
(2) Hours of operation permitted shall be
between 9:00 a.m. and 10:00 p.m.; operation
after 10:00 p.m. is permitted only at the location
of a public event or affair of general public
interest or as otherwise permitted by the Enter-
tainment Commission;
(3) Except as permitted by the Entertain-
ment Commission sound shall not be issued
within 450 feet of hospitals, schools, churches,
courthouses, public libraries or mortuaries;
(4) No sound truck with its amplifying de-
vice in operation shall traverse any one block in
the City and County more than four times in any
one calendar day;
(5) Amplified human speech and music shall
not be unreasonably loud, raucous, jarring or
disturbing to persons of normal sensitiveness
within the area of audibility, nor louder than
permitted in Subsections (6) and (7) hereof;
(6) When the sound truck is in motion, the
volume of sound shall be controlled so that it will
not be audible for a distance in excess of 450 feet
from its source; provided, however, that when
the sound truck is stopped by traffic, the said
sound amplifying equipment shall not be oper-
ated for longer than one minute at such stop;
(7) Except as permitted by the Entertain-
ment Commission for public gatherings, in all
cases where sound amplifying equipment re-
mains at one location or when the sound truck is
not in motion, the volume of sound shall be
controlled so that it will not be audible for a
distance in excess of 250 feet from the periphery
of the attendant audience;
(8) No sound amplifying equipment shall be
operated unless the axis of the center of any
sound reproducing equipment used shall be par-
allel to the direction of travel of the sound truck;
provided, however, that any sound reproducing
equipment may be so placed upon said sound
truck as to not vary more than 15° either side of
the axis of the center of the direction of travel
and, provided further, that radial, nondirectional
type of loudspeakers may be used on said sound
trucks either alone or in conjunction with sound
reproducing equipment placed within 15° of the
center line of the direction of travel. (Added by
Ord. 172-69, App. 5/21/69; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)
Sec. 48.
San Francisco— Police Code
28
SEC. 48. LICENSE REQUIRED.
It shall be unlawful for any person to use or
cause to be used any sound truck in the City and
County of San Francisco for any purpose before
an application has been filed with the Entertain-
ment Commission as provided in Section 47(a) of
this Code; the applicant has expressly assumed
responsibility for performance of all matters and
observance of all restrictions contained in Sec-
tion 47.2 of this Code; the Entertainment Com-
mission has approved the application and issued
a permit at its discretion, as provided in Section
652 et seq. of this Code; and a license has been
obtained from the Tax Collector as therein pro-
vided. The terms and conditions of Section 682 et
seq. of this Code apply with full force and effect
to the licensing of all sound trucks used for any
purpose within the City and County of San
Francisco. (Added by Ord. 172-69, App. 5/21/69;
amended by Ord. 555-81, App. 11/12/81; Ord.
164-02, File No. 020783, App. 7/26/2002; Ord.
193-05, File No. 051027, App. 7/29/2005)
SEC. 49. UNNECESSARY NOISE,
AUTHORIZED EMERGENCY VEHICLES.
Except as provided in Sections 43, 45, 46,
47.1, 47.2, and 48 of this Code, and to amplifying
equipment used in authorized emergency ve-
hicles as defined in the California Vehicle Code,
it shall be unlawful for any person to use, oper-
ate, maintain, or permit to be played, used or
operated any radio or television receiving set,
musical instrument, phonograph, juke box, broad-
casting equipment or other machine or device for
the producing, reproducing or amplification of
sound or human voice in such manner as to
produce raucous noises or in such manner so as
to disturb the peace, quiet and comfort of persons
in the neighbor-hood or with volume louder than
is necessary for convenient hearing for the per-
son or persons for whom said machine, instru-
ment or device is operated.
The operation of any such set, instrument,
phonograph, juke box, broadcasting equipment,
machine or device between the hours of 10:00
p.m. and 7:00 a.m., in such a manner as to be
plainly audible at a distance of 50 feet from the
property line of the property from whence the
sound is emitted, shall be prima facie evidence of
a violation of this Section.
The operation of any such set, instrument,
phonograph, juke box, broadcasting equipment,
machine or device at any time in such a manner
as to cause a noise level in excess of the ambient
noise level by more than five decibels (5 dBA), as
those terms are defined in Section 2901 of this
Code, when measured at the nearest property
line of the property from whence the sound is
emitted or, in the case of multiple-family residen-
tial buildings, when measured anywhere in one
dwelling unit with respect to a noise emanating
from another dwelling unit or from common
space in the same building, shall be prima facie
evidence of a violation of this Section. (Added by
Ord. 172-69, App. 5/21/69; amended by Ord.
274-72, App. 9/20/72)
SEC. 50. SEVERABILITY.
It is the intention of the Board of Supervisors
that each separate section, subsection or subdi-
vision, sentence, clause or phrase of Sections 43
to 49, inclusive, of this Code shall be deemed
independent of each other and it is the further
intention of the Board of Supervisors that if any
section, subsection or subdivision, sentence, clause
or phrase be declared invalid or unconstitu-
tional, all other remaining portions thereof shall
remain valid and enforceable. (Added by Ord.
172-69, App. 5/21/69)
SEC. 51. SMOKING IN ENCLOSED
SECTION OF STREET CARS, CABLE
CARS, MOTOR COACHES AND TROLLEY
COACHES PROHIBITED.
It shall be unlawful for any person to smoke
any cigar, pipe or cigarette, or to carry any
lighted cigar, pipe or cigarette within the en-
closed section of any street car, cable car, motor
coach or trolley coach operated within the City
and County of San Francisco. (Amended by Ord.
4007, Series of 1939, App. 9/5/46)
Sec. 51.1.
(Added by Ord. 49-73, App. 2/8/73; amended by
Ord. 562-88, App. 12/27/88; repealed by Ord.
14-02, File No. 011845, App. 2/8/2002)
29
Public Nuisances
Sec. 55.
Sec. 51.2.
(Added by Ord. 49-73, App. 2/8/73; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
SEC. 52. PENALTY.
Any person who shall violate any of the
provisions of Sections 51, 51.1 or 51.2 of this
Article shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a
fine not exceeding $25 or by imprisonment in the
County Jail for not more than 10 days, or by both
such fine and imprisonment. (Added by Ord.
49-73, App. 2/8/73)
SEC. 53. SMOKING PROHIBITED IN
TAXICABS WHERE SIGN POSTED.
(a) Purpose. Because the smoking of to-
bacco or any other substance is a danger to
health and is a cause of considerable annoyance
and discomfort to those who must work in con-
fined spaces, the Board of Supervisors hereby
declares that the purpose of this Section is to
protect the health and welfare of taxicab drivers
who desire to work in a smoke-free environment.
(b) "No Smoking" Signs Required To Be
Provided. Every person, firm or corporation
operating a taxicab or taxicabs, as defined in
Section 1076 of this Code, pursuant to a permit
issued by the Chief of Police shall provide a "no
smoking" sign and/or the international no-
smoking symbol for each vehicle during all hours
of operation and shall authorize the driver of the
vehicle to determine whether or not to post the
no-smoking sign or symbol in the vehicle.
(c) Smoking Prohibited Where "No
Smoking" Sign Posted. It shall be unlawful for
any person to smoke or carry a lighted cigar,
cigarette or pipe in a taxicab wherein a "no
smoking" sign and/or the international no-
smoking symbol is posted in a place readily to be
seen and read by the passengers.
(d) No Private Right of Action. In under-
taking the enforcement of this ordinance, the
City and County of San Francisco is assuming an
undertaking only to promote the general wel-
fare. It is not assuming, nor is it imposing on its
officers and employees, an obligation for breach
of which it is liable in money damages to any
person who claims that such breach proximately
caused injury.
(e) No Intent to Affect Rights and Obli-
gations Under State Law. This Section is not
intended to affect any rights or obligations of
taxicab operators or patrons conferred or im-
posed by state law. (Added by Ord. 74-86, App.
3/14/86; amended by Ord. 562-88, App. 12/27/88)
SEC. 53.1. PENALTY.
Any person who shall violate the provisions
of Section 53 of this Article shall be guilty of a
misdemeanor and, upon conviction thereof, shall
be punished by a fine not exceeding $25 or by
imprisonment in the County Jail for not more
than 10 days, or by both such fine and imprison-
ment. (Added by Ord. 74-86, App. 3/14/86)
SEC. 55. SMOKING, ETC., ON
WHARVES, ETC.
(a) It shall be unlawful for any person to
smoke, carry or possess a lighted cigar, cigarette,
or pipe, or to smoke tobacco or any other similar
substance in any form, or to ignite any match or
mechanical lighter on or in any wharf, pier, dock,
bulkhead, or marine facility; provided, however,
that tobacco may be smoked in any area or space
on or in any such place or structure, that may be
set apart for such purpose by the joint action of
the Chief of the Fire Department and the Board
of State Harbor Commissioners, and clearly so
designated by duly posted signs; but any such
permission to smoke in a designated area or
space may be withdrawn at any time by like joint
action. Provided, however, that in every area or
space set apart as a space or area within which
smoking is permitted, in accordance with the
provisions of this Section, there shall be provided
at least one approved fireproof container filled
with sand for every three hundred square feet or
fraction thereof of floor area for the purpose of
depositing cigarettes or cigar butts, tobacco,
matches and other material which may be pro-
ductive of starting fires and at least one ap-
proved portable fire extinguisher for every five
hundred square feet or fraction thereof of said
floor area, which fire extinguisher shall be at
Sec. 55.
San Francisco — Police Code
30
least two and one-half gallon capacity or at least
one quart capacity if said fire extinguisher is of
the carbon tetrachloride type.
(b) It shall be unlawful for any person to
smoke, carry or possess a lighted cigar, cigarette,
or pipe, or to smoke tobacco or any other similar
substance in any form, or to ignite any match or
mechanical lighter on any vessel moored at any
wharf, pier, dock, bulkhead, or marine facility;
provided, however, that tobacco may be smoked
in any area or space that may be set apart for
such purpose on any such vessel by the joint
action of the Chief of the Fire Department and
the master of said vessel, and clearly so desig-
nated by duly posted signs; but, any such per-
mission to smoke in a designated area or space
may be withdrawn at any time by like joint
action; and provided further, that in no case shall
smoking be permitted
(1) On weather decks,
(2) When loading or discharging explosives,
(3) In cargo spaces,
(4) When gas freeing ship's tanks or when
loading in bulk any liquid inflammable cargo
having a flash point of 80° F. or below. (Amended
by Ord. 2692, Series of 1939, App. 4/26/44)
SEC. 55.1. OPEN FLAME OR ELECTRIC
ARC UNLAWFUL— EXCEPTION.
It shall be unlawful for any person to use an
open flame of any character or an electric arc,
excepting only when said open flame or electric
arc is necessarily employed in the making of
repairs, alterations, or structural changes on or
in any wharf, pier, dock, bulkhead or marine
facility or within any hatch, hold or other space
wherein cargo of any character is or may be kept
or stored in any vessel on or within the limits of
the City and County of San Francisco. (Added by
Ord. 2692, Series of 1939, App. 4/26/44)
SEC. 56. AUTHORITY TO MAKE RULES.
The Chief Engineer of the Fire Department,
in conjunction with the Chief of the Division of
Fire Prevention and Investigation, is hereby
authorized and given full power and authority to
make all necessary rules and regulations, not in
conflict with the provisions of Sections 55 and
55.1 of this Chapter, providing for the use of any
open flame or electric arc when the same are
used in the making of repairs, alterations, or
structural changes on any wharf, pier, dock,
bulkhead or marine facility or within any hatch,
hold or other space wherein cargo of any charac-
ter is or may be kept or stored in any vessel on or
within the limits of the City and County of San
Francisco, and providing for the safe and proper
fire protection for any area or space, including
any office or lunchroom, wherein smoking is
permitted in accordance with Section 55 of this
Chapter. (Amended by Ord. 2692, Series of 1939,
App. 4/26/44)
SEC. 57. VIOLATION.
Any person who shall violate any of the
provisions of Sections 55, 55.1 and 56 of this
Article, or any rule or regulation made by the
Chief of the Fire Department in conjunction with
the Chief of the Division of Fire Prevention and
Investigation, under authority hereof, shall be
guilty of a misdemeanor and shall be punished
by a fine of not exceeding $500, or imprisonment
in the County Jail for not more than six months,
or by both such fine and imprisonment. (Amended
by Ord. 1691, Series of 1939, App. 4/26/44)
SEC. 58. EXCEPTION.
The Municipal Recreation Concrete Pier at
the Aquatic Park shall be exempt from the pro-
visions of Sections 55 and 57 of this Article,
except those provisions contained in Section 56
of this Article. (Added by Ord. 1.075, App. 10/11/
38)
SEC. 63. OBSTRUCTIONS ON STREETS
AND SIDEWALKS.
(a) It shall be unlawful for any person, firm
or corporation, occupying or having charge or
control of any premises, to place or cause to be
placed, or suffer to remain upon the sidewalk, or
upon the half of the street in front of such
premises, any Article or substance which shall
obstruct the passage of such street or sidewalk.
31
Public Nuisances
Sec. 87.
(b) It shall be unlawful for any person, firm
or corporation to enter into a lease, rental agree-
ment or contract of any kind, written or oral,
with or without compensation, for the use of any
street or sidewalk.
(c) As an alternative to any other fines or
penalties applicable to a violation of this section,
any person, firm or corporation who is in viola-
tion of this section shall be subject to an admin-
istrative penalty not to exceed $300 for each
violation. The administrative penalty shall be
assessed, enforced and collected in accordance
with Section 39-1 of this Code. (Amended by Ord.
169-87, App. 5/4/87; Ord. 87-03, File No. 030482,
App. 5/9/2003)
SEC. 64. EXCEPTIONS.
The provisions of Section 63(a) of this Article
shall not apply to:
(a) Goods or merchandise in actual course
of receipt, delivery or removal;
(b) Lamp posts or hydrants, erected by per-
mission of the Director of Public Works;
(c) Any tree, plant or shrub planted in the
sidewalk area, or any boxed or potted tree, plant
or shrub set on the sidewalk area when the
containers are not attached to the building;
(d) Watering troughs placed by permission
of the Director of Public Works upon sidewalks
for the accommodation of the public;
(e) Bicycle racks or motorcycle racks placed
upon the sidewalks by permission of the Director
of Public Works and of the adjoining property
owners for the accommodation of persons using
such bicycle or motorcycle, the same not to
exceed three feet in width and three feet in
height and to be entirely devoid of advertising
matter; provided, that motorcycle racks shall be
supplied with a metallic pan for the purpose of
catching oil drippings;
(f) Hitching posts placed by permission of
the Director of Public Works upon sidewalks, in
accordance with pattern indicated in the design
approved by and on file in the office of said
Director;
(g) Sockets to be placed upon the outer line
of the sidewalk within the curb line for the
support of flagpoles to be used for the display of
flags. The said sockets shall be approved by, and
installed under the supervision and to the satis-
faction of, the Director of Public Works;
(h) "A" boards or advertising signs, placed
and displayed by authorized representatives of
the Armed Forces of the United States, in aid of
their respective recruitment programs;
(i) A display stand placed on the sidewalk,
within a certain area as set forth in Sections 153
and 183-1 of Article 5.3 of the Public Works Code,
for display of fruits and vegetables or nonfood
merchandise. The display stand shall be ap-
proved by, placed under the supervision of, and
maintained under conditions established by, the
Director of Public Works. (Amended by Ord.
523-83, App. 11/4/83)
SEC. 69. PILING OF LUMBER AND
TIMBER REGULATED.
It shall be unlawful for any person, firm or
corporation to place or pile, or cause to be placed
or piled, any lumber or timber to a greater height
than 35 feet measured vertically from the gen-
eral level of the ground on which it is placed or
piled. (Added by Ord. 1.075, App. 10/11/38)
SEC. 74. HYDRANTS, OBSTRUCTION
OF, PROHIBITED.
It shall be unlawful for any person to ob-
struct any hydrant on any public street, or to
place or deposit any lumber, rock, sand, or other
substance within 15 feet of any hydrant on the
roadway of any street. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 87. SCATTERING BILLPOSTING
REFUSE PROHIBITED.
No person, firm or corporation shall scatter,
daub or leave any paint, paste, glue, or other
substance used for painting or affixing advertis-
ing matters upon any public street or sidewalks
or scatter or throw or permit to be scattered or
thrown any bills, waste matter, paper, cloth or
materials of whatsoever kind removed from bill-
Sec. 87.
San Francisco — Police Code
32
boards on any public street or on private prop-
erty. (Added by Ord. 1.075, App. 10/11/38)
Sec. 92.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 93.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 94.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
SEC. 95. PROHIBITING THE FREE
DISTRIBUTION OF TOBACCO IN PUBLIC
PLACES; PENALTY.
(a) No person, firm, association or corpora-
tion in the business of selling or otherwise dis-
tributing cigarettes or other tobacco or smoking
products for commercial purposes shall in the
course of such business distribute, or direct,
authorize, or permit any agent or employee to
distribute, (1) any cigarette or other tobacco or
smoking product, including any smokeless to-
bacco product, or (2) coupons, certificates, or
other written material which may be redeemed
for tobacco products without charge, to any per-
son on any public street or sidewalk or in any
public park or playground or on any other public
ground in any public building.
(b) No agent or employee of any person,
firm, association or corporation in the business
of selling or otherwise distributing cigarettes or
other tobacco or smoking products for commer-
cial purposes shall in the course of such business
distribute (1) any cigarette or other tobacco or
smoking product, including any smokeless to-
bacco product, or (2) coupons, certificates, or
other written material which may be redeemed
for tobacco products without charge, to any per-
son on any public street or sidewalk or in any
public park or playground or on any other public
ground or in any public building.
(c) Any person, firm, association or corpora-
tion who violates Subsection (a) shall be deemed
guilty of a misdemeanor and upon conviction
shall be punished by a fine of $1,000 or by
imprisonment in the County Jail for a period not
to exceed six months, or by both such fine and
imprisonment. Each distribution of cigarettes or
other tobacco or smoking products to a person
shall be considered a separate offense.
(d) Any person violating Subsection (b) shall
be deemed guilty of an infraction. Every viola-
tion is punishable by (1) a fine not exceeding
$100 for a first violation; (2) a fine not exceeding
$200 for a second violation within one year; (3) a
fine not exceeding $500 for each additional vio-
lation within one year. Each distribution of ciga-
rettes or other tobacco or smoking products to a
person shall be considered a separate offense.
(Added by Ord. 296-88, App. 6/29/88)
[The next page is 51]
ARTICLE 1.1: REGULATING THE USE OF VEHICLES
FOR HUMAN HABITATION
Sec.
96.
Definitions.
Sec.
97.
Use of Vehicles for Human
Habitation Prohibited.
Sec.
97.1.
Exception.
Sec.
98.
Penalty.
Sec.
99.
Severability.
SEC. 96. DEFINITIONS.
For the purpose of this Article the following
words and phrases shall mean and include:
(a) House car. House car shall mean a
motor vehicle originally designed or perma-
nently or temporarily altered and equipped for
human habitation, or to which a camper has
been permanently or temporarily attached.
(b) Camper. Camper shall mean a struc-
ture designed to be mounted upon a motor ve-
hicle and to provide facilities for human habita-
tion or camping purposes.
(c) Trailer Coach. Trailer coach is a struc-
ture designed to be drawn by a motor vehicle for
human habitation, or human occupancy, for car-
rying persons or property on its own.
(d) Person. An individual, firm, partner-
ship, joint adventure, association, social club,
fraternal organization, joint stock company, cor-
poration, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combi-
nation acting as a unit excepting the United
States of America, the State of California, and
any political subdivision of either thereof. (Added
by Ord. 77-71, App. 4/2/71)
SEC. 97. USE OF VEHICLES FOR
HUMAN HABITATION PROHIBITED.
(a) No person shall use or occupy or permit
the use or occupancy of any house car, camper or
trailer coach for human habitation, including but
not limited to sleeping, eating or resting, either
single or in groups, on any street, park, beach,
square, avenue, alley or public way, within the
City and County of San Francisco between the
hours of 10:00 p.m. and 6:00 a.m.
(b) No person shall use or occupy or permit
the use or occupancy of any motor vehicle for
human habitation, either single or in groups, on
any street, park, beach, square, avenue, alley or
public way, within a residential neighborhood of
the City and County of San Francisco between
the hours of 10:00 p.m. and 6:00 a.m. For the
purposes of this Section, "motor vehicle" shall
mean any self-propelled vehicle other than a
house car, camper or trailer coach. "Residential
neighborhood" shall mean any area of the City
zoned for R-H, R-M or R-C use under the City
Planning Code, and "habitation" shall mean the
use of a motor vehicle as a dwelling place, and
shall not mean the use of a motor vehicle for
allevation of sickness or temporary physical in-
ability to operate such motor vehicle. (Amended
by Ord. 417-84, App. 10/5/84)
SEC. 97.1. EXCEPTION.
The General Manager of the Recreation and
Park Department may by written permit allow
the use or occupancy of any housecar, camper or
trailer coach on or in any property under the
jurisdiction of the Recreation and Park Commis-
sion when he finds that such use is necessary for
the operation and protection of City property and
livestock.
The permission granted by the General Man-
ager may be revoked upon five days written
notice to the permittee. (Added by Ord. 77-71,
App. 4/2/71)
SEC. 98. PENALTY.
Any person who violates any provisions of
this Article shall be deemed guilty of a misde-
meanor and upon conviction such person shall be
punished by a fine of not to exceed $1,000 or by
imprisonment in the County Jail for a period not
51
Sec. 98. San Francisco— Police Code 52
to exceed six months, or by both such fine and
imprisonment. (Added by Ord. 77-71, App. 4/2/
71)
SEC. 99. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article
or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the
remaining portions of this Code or any part
thereof. The Board of Supervisors hereby de-
clares that it would have passed each section,
subsection, subdivision, paragraph, sentence,
clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 77-71, App. 4/2/71)
[The next page is 63]
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH
MINOR CHILDREN
Sec. 100. Findings.
Sec. 101. Definition: Housing
Accommodation.
Sec. 102. Prohibited Activity.
Sec. 103. Occupancy Standards.
Sec. 104. Tenant Age Policy Not
Prohibited.
Sec. 105. Requirements of Financial
Obligations Not Prohibited.
Sec. 106. Penalty.
Sec. 107. Civil Action.
Sec. 107.1. Liability.
Sec. 107.2. Injunctive Relief.
Sec. 107.3. Administrative Remedies.
Sec. 107.4. Limitation on Actions.
Sec. 107.5. Bar.
Sec. 108. Severance Clause.
SEC. 100. FINDINGS.
After public hearings with the reception of
testimony and documentary evidence, we find
that discrimination against families with minor
children in the leasing or renting of housing
accommodations exists within the City and County
of San Francisco. We further find that the exist-
ence of such discrimination poses a substantial
threat to the health and welfare of a sizable
segment of the community, namely families with
minor children.
We find that a shortage of housing suitable
for families with minor children exists within the
City and County. We further find that a low
vacancy rate exists in all rental housing through-
out San Francisco. The addition of discrimina-
tion against families with minor children to the
above two factors creates an untenable situation
for the children of San Francisco.
We find that existing state and local laws
prohibiting housing discrimination against fami-
lies with children have not stopped acts of dis-
crimination. Some landlords have attempted to
circumvent these laws by engaging in subtle
forms of discrimination that do not overtly ex-
clude families with children but that nonetheless
limit their opportunities to rent. Some landlords
use overly restrictive occupancy standards to
limit the number of persons who can reside in a
rental unit. These standards have an adverse
effect on the ability of families with children to
rent because families with children tend to have
a larger number of persons per household than
childless households. Other forms of subtle dis-
crimination include rent surcharges for addi-
tional occupants of a unit and unreasonable
rules governing children's conduct in and around
the rental unit.
The overall effect of such discrimination is to
encourage the flight of families from the City and
to further diminish family-oriented neighbor-
hoods. It has an overall detrimental effect on the
composition of the City, the stability of neighbor-
hoods, the preservation of family life within the
City, the living conditions of our children, the
quality of our schools, and the viability of children's
activities and organizations.
This discrimination cuts across all racial,
ethnic and economic levels but has a dispropor-
tionate and adverse effect on racial and ethnic
minority families. (Added by Ord. 320-75, App.
7/14/75; amended by Ord. 399-87, App. 9/25/87)
SEC. 101. DEFINITION: HOUSING
ACCOMMODATION.
Residential rental unit consisting of one or
more rooms. (Added by Ord. 320-75, App. 7/14/
75; amended by Ord. 399-87, App. 9/25/87)
SEC. 102. PROHIBITED ACTIVITY.
It shall be unlawful for the owner, lessor,
lessee, sublessee, real estate broker, assignee, or
other person having the rights of ownership, the
63
Sec. 102.
San Francisco — Police Code
64
right of possession, or the right to rent or lease
any housing accommodations, or any agent or
employee of such person to:
(a) Refuse to rent or lease, or otherwise
deny to or withhold from any person such accom-
modations because such person has a minor
child or children who shall occupy the leased or
rented premises with such person;
(b) Represent to any person because of the
potential tenancy of a minor child or children
that housing accommodations are not available
for inspection or rental when such dwelling is in
fact so available;
(c) Make, print, or publish, or cause to be
made, printed or published any notice, state-
ment, or advertisement, with respect to the rental
of housing accommodations that indicates any
preference, limitation, or discrimination based
on the potential tenancy of a minor child or
children;
(d) Discriminate against any person in the
terms, conditions or privileges of the rental of
housing accommodations or in the provision of
services or facilities in connection therewith,
because of the potential tenancy of a minor child
or children;
(e) Refuse to rent after the making of a bona
fide offer, or to refuse to negotiate for the rental
of, or otherwise make unavailable or deny, hous-
ing accommodations to any person because of the
potential tenancy of a minor child or children;
(f) Include in any lease or rental agreement
of housing accommodations a clause providing
that as a condition of continued tenancy the
tenants shall remain childless or shall not bear
children;
(g) Charge additional rent, deposits, fees, or
surcharges on the basis of actual or potential
number or age of persons living in the housing
accommodations;
(h) Establish unreasonable rules for, or con-
ditions of, occupancy of housing accommodations
which have the effect of excluding or discrimi-
nating against persons with children. Examples
of unreasonable rules include, but are not lim-
ited to, the following:
(1) Restricting the hours during which mi-
nor children but not adults may use recreational
facilities on the property;
(2) Requiring that minor children who are
six years of age or older be accompanied by a
parent or other adult when using common areas
which are accessible to all tenants and which do
not present any unusual hazards;
(3) Limiting the occupancy of persons with
children to certain units, floors or areas of an
apartment building; and
(4) Prohibiting children of the opposite sex
from sharing the same bedroom.
Nothing in this subsection shall preclude a
property owner or other person having the right
to rent or lease any housing accommodations
from adopting reasonable policies or practices
regulating the use of the accommodations or its
common areas, facilities, and services even though
those policies and practices have the effect of
excluding persons with children. A policy or
practice is reasonable, under this subsection, if it
fulfills a business necessity. Business necessity
is demonstrated by independent and objective
evidence that the policy or practice in question
serves a legitimate and nondiscriminatory busi-
ness purpose and is essential to the safe and
continued operation of the business. (Added by
Ord. 320-75, App. 7/14/75; amended by Ord.
399-87, App. 9/25/87; Ord. 123-93, App. 4/29/93)
SEC. 103. OCCUPANCY STANDARDS.
No provision of this Article shall be construed
to authorize occupancies in violation of the floor-
area standards of Section 501.1 of Article 5 of the
San Francisco Housing code except that children
under the age of six shall not be counted for
purposes of determining whether a family com-
plies with the standards of the San Francisco
Housing Code. (Added by Ord. 399-87, App. 9/25/
87)
SEC. 104. TENANT AGE POLICY NOT
PROHIBITED.
In residential buildings otherwise covered by
this ordinance, where the owner has complied
with the requirements of Section 51.3 of the
California Civil Code pertaining to senior-citizen
housing, said owner or any other person enumer-
65
Discrimination in Housing Against Families with Minor Children
Sec. 108.
ated in Section 102 hereinabove shall be exempt
from the provisions of this ordinance. (Added by
Ord. 320-75, App. 7/14/75; amended by Ord.
399-87, App. 9/25/87)
SEC. 105. REQUIREMENTS OF
FINANCIAL OBLIGATIONS NOT
PROHIBITED.
This ordinance shall not prohibit the person
having the right to rent or lease the premises
from requiring the same financial obligations of
prospective tenants with minor children as he or
she may require of prospective tenants without
children. However, no discrimination in the
amount or manner of payment of said financial
obligations shall be permitted. (Added by Ord.
320-75, App. 7/14/75)
SEC. 106. PENALTY.
Any person who violates any provision of
Section 102 of this Article shall be deemed guilty
of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not more than
$2,000 or by imprisonment in the County Jail for
a period of not more than six months, or both.
Any person believing that a violation of said
section has been committed may file a complaint
with the District Attorney. (Added by Ord. 320-
75, App. 7/14/75; amended by Ord. 399-87, App.
9/25/87)
SEC. 107. CIVIL ACTION.
Any aggrieved person may enforce the provi-
sions of this Article by means of a civil action.
(Added by Ord. 399-87, App. 9/25/87)
SEC. 107.1. LIABILITY.
Any person who violates any of the provisions
of this Article or who aids in the violation of any
provisions of this Article shall be liable for, and
the court must award to the individual whose
rights are violated, three times the amount of
special and general damages, or three times the
amount of one month's rent that the landlord
charges for the unit in question. The court may
award in addition thereto, not less than $200 but
not more than $400, together with attorney's
fees, costs of action, and punitive damages. (Added
by Ord. 399-87, App. 9/25/87)
SEC. 107.2. INJUNCTIVE RELIEF.
(a) Any person who commits, or proposes to
commit, an action in violation of this Article may
be enjoined therefrom by any court of competent
jurisdiction.
(b) Any action for injunctive relief under
this Article may be brought by any aggrieved
person, by the District Attorney, by the City
Attorney, or by any person or entity that will
fairly and adequately represent the interests of
the protected class. (Added by Ord. 399-87, App.
. 9/25/87)
SEC. 107.3. ADMINISTRATIVE
REMEDIES.
A person or organization who believes that a
violation of the provisions of this Article has
occurred may file with the Human Rights Com-
mission a complaint pursuant to the procedures
of Article 33 of the San Francisco Police Code,
Section 3307(b). (Added by Ord. 399-87, App.
9/25/87)
SEC. 107.4. LIMITATION ON ACTIONS.
Judicial actions or complaints to the Human
Rights Commission under this Article must be
filed within one year of the alleged discrimina-
tory acts. (Added by Ord. 399-87, App. 9/25/87)
SEC. 107.5. BAR.
A complaint to the Human Rights Commis-
sion is not a prerequisite to the filing of a civil
action under this section. The pendency of a
complaint before the Human Rights Commission
shall not bar any civil action under this section,
but a final judgment in any civil action shall bar
any further proceedings by the Human Rights
Commission. (Added by Ord. 399-87, App. 9/25/
87)
SEC. 108. SEVERANCE CLAUSE.
If any article, section, subsection, paragraph,
sentence, clause or phrase of this Code, or any
part thereof, is for any reason held to be uncon-
Sec. 108. San Francisco— Police Code 66
stitutional or invalid or ineffective by any court
of competent jurisdiction, or other competent
agency, such decision shall not affect the validity
or effectiveness of the remaining portions of this
Code or any part hereof. The Board of Supervi-
sors hereby declares that it would have passed
each Article, section, subsection, paragraph, sen-
tence, clause or phrase thereof, irrespective of
the fact that any one or more Articles, sections,
subsections, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 320-75, App. 7/14/
75; amended by Ord. 399-87, App. 9/25/87)
[The next page is 71]
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES
RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES
AND REFUNDING ANY RENT INCREASES
Sec. 109.1. Purpose.
Sec. 109.2. Definitions.
Sec. 109.3. Rental Increase Moratorium
and Rollback Provisions.
Sec. 109.4. Violation of Ordinance.
Sec. 109.5. Refusal of a Tenant to Pay a
Rent Increase.
Sec. 109.6. Severability.
Sec. 109.7. Extension.
SEC. 109.1. PURPOSE.
The passage of Proposition 13, the property
tax reform measure on June 6, 1978 ballot, has
meant substantial property tax decreases to most
landlords in the City and County of San Fran-
cisco. Through the use of a Renters Hot Line and
public hearings, it has been found that a sub-
stantial number of landlords have increased the
rents of tenants, and few have decreased rents,
despite the passage of Proposition 13.
The Board of Supervisors will be considering
the feasibility and desirability of measures de-
signed to address the problems created by the
unjustified spiraling rents in the City and County
of San Francisco. Pending further study of the
development and adoption of measures to ad-
dress the problems created by the unjustified
rent increases, it is necessary to temporarily roll
back rents and, through June 14, 1979, to pro-
hibit most rental increases on rental residential
units within the City and County of San Fran-
cisco. (Added by Ord. 181-79, App. 4/24/79)
SEC. 109.2. DEFINITIONS.
(a) Housing Services. Services connected
with the use or occupancy of a rental unit includ-
ing, but not limited to, repairs, replacement,
maintenance, painting, light, heat, water, eleva-
tor service, laundry facilities and privileges, jani-
tor service, refuse removal, furnishings, tele-
phone, parking and any other benefits, privileges
or facilities.
(b) Landlord. An owner, lessor, sublessor,
including any person, firm, corporation, partner-
ship, or other entity, entitled to receive rent for
the use of any rental unit, or the agent, repre-
sentative or successor of any of the foregoing.
(c) Moratorium Period. The period of time
beginning on the effective date of this article and
continuing through June 14, 1979, or until such
time as the Board of Supervisors establishes a
procedure for the adjustment and/or regulations
of rents, whichever occurs first. During this
period, rents shall not be increased.
(d) Rent. The consideration, including any
bonus, benefits or gratuity demanded or re-
ceived, for or in connection with the use or
occupancy of a rental unit or the transfer of a
lease for such a unit, including but not limited to
monies demanded or paid for parking, for fur-
nishings, for housing services of any kind, for
subletting, or for security deposits for damages
and/or for cleaning.
(e) Rental Units. All dwellings in the City
and County of San Francisco designed for rental
use or actually rented at any time on or after
June 1, 1977 including single family dwellings
and mobile homes, together with the land and
buildings appurtenant thereto, and all services,
privileges, furnishings and facilities supplied in
connection with the use or occupancy thereof,
including garage and parking facilities. The term
shall not include:
(1) Housing accommodations in hotels, mo-
tels, inns, tourist homes and rooming and board-
ing houses (which are rented primarily to tran-
sient guests for a period of less than 14 days);
71
Sec. 109.2.
San Francisco - Police Code
72
(2) Dwelling units in nonprofit cooperatives
owned and controlled by a majority of the resi-
dents;
(3) Housing accommodations in any hospi-
tal, convent, monastery, extended care facility,
asylum, nonprofit home for the aged, or in dor-
mitories owned and operated by an institution of
higher education, a high school, or an elemen-
tary school;
(4) Dwelling units which a government unit,
agency or authority owns, operates, or manages
or which are specifically exempted from munici-
pal rent regulation by state or federal law or
administrative regulation;
(5) Dwelling units located in a structure
completely or newly constructed after the effec-
tive date of this Article;
(6) Dwelling units subject to a legally bind-
ing lease which sets forth the rental unit rent,
provided that said lease was entered into prior to
the effective date of this ordinance.
(f) Tenant. A tenant, subtenant, lessee,
sublessee or any other person entitled to the use
or occupancy of any rental unit. (Added by Ord.
181-79, App. 4/24/79)
SEC. 109.3. RENTAL INCREASE
MORATORIUM AND ROLLBACK
PROVISIONS.
(a) Beginning on the effective date of this
article and continuing through June 14, 1979, or
until such time as the Board of Supervisors
establishes a procedure for the adjustment and/or
regulation of rents, whichever occurs first, rental
units rents shall not be increased.
(b) During the moratorium period, the mini-
mum rent for a rental unit in the City and
County of San Francisco shall be the following:
(1) For a rental unit which was rented as of
April 15, 1979, and continued to be rented there-
after to one or more of the same persons:
The rent shall not exceed that in effect on
April 15, 1979. The level of housing services
provided to the rental unit on that date shall not
be reduced during the moratorium period.
(2) For a rental unit which was not rented
as of April 15, 1979, but which was rented on or
after April 16, 1979:
The rent shall not exceed that received for
said rental unit when last occupied. The level of
housing services provided to the rental unit or
the re-rental date shall not be reduced during
the moratorium period.
(3) For a rental unit vacated on or after
April 16, 1979, and prior to the end of the
moratorium period:
The rent shall not exceed that received for
said rental unit when last occupied. The level of
housing services provided to the rental unit
when last occupied shall not be reduced during
the moratorium period.
(c) Any increase above the maximum rent
for a rental unit collected for the period of April
16, 1979 through June 14, 1979 shall be re-
funded by the landlord to the tenant(s). Said
refund shall be made within 10 days of the
effective date of this ordinance. (Added by Ord.
181-79, App. 4/24/79)
SEC. 109.4. VIOLATION OF
ORDINANCE.
It shall be unlawful for any landlord to de-
mand, accept, receive or retain any payment of
rent in excess of the maximum lawful rents set
forth in this Article. Any person violating any of
the provisions, or failing to comply with any of
the requirements, of this Article shall be guilty of
a misdemeanor. Any person convicted of a mis-
demeanor under the provisions of this Article
shall be punishable by a fine of not more than
$500 or by imprisonment in the County Jail for a
period of not more than six months, or by both.
73 Temporary Moratorium on Rental Increases Sec. 109.7.
Rent Rollback Based Upon April 15, 1979, Rental
Rates and Refunding Any Rent Increases
Each violation of any provision of this article,
and each day during which any such violation is
committed, permitted or continued, shall consti-
tute a separate offense. (Added by Ord. 181-79,
App. 4/24/79)
SEC. 109.5. REFUSAL OF A TENANT TO
PAY A RENT INCREASE.
A tenant may refuse to pay any increase in
rent which is in violation of this Article and such
violation shall be a defense in any action brought
to recover possession of a rental unit or to collect
the illegally charged rent increase. (Added by
Ord. 181-79, App. 4/24/79)
SEC. 109.6. SEVERABILITY.
If any provision or clause of this Article or the
application thereof to any person or circum-
stance is held to be unconstitutional or to be
otherwise invalid by any court of competent
jurisdiction, such invalidity shall not affect other
article provisions or clauses or applications, and
to this end the provisions and clauses of this
Article are declared to be severable. (Added by
Ord. 181-79, App. 4/24/79)
SEC. 109.7. EXTENSION.
The provisions of this ordinance are extended
through June 30, 1979, or until such time as the
Board of Supervisors establishes a procedure for
the adjustment and/or regulation of rents, which-
ever occurs first. (Added by Ord. 248-79, App.
6/5/79)
Sec. 109.7. San Francisco - Police Code 74
[The next page is 79]
ARTICLE 1.4: [RESERVED]
79
San Francisco - Police Code 80
[The next page is 89]
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
Sec. 109.20. Definitions.
Sec. 109.21. Display of Life and Property
Conservation Decals.
Sec. 109.22. Costs of Removal.
SEC. 109.20. DEFINITIONS.
(a) The term "life and property conserva-
tion decals" as used in this Article shall include,
but not be limited to, any and all decals, signs,
stickers and other devices designed to be dis-
played as notice to the public generally or spe-
cifically to police, fire, public health and other
emergency services by persons occupying resi-
dential rental or leased property.
(b) The word "landlord" shall mean the per-
son(s) owning, in whole or in part, residential
property within the City and County which is
held out for rental or lease, and it shall include
any and all agents, brokers, managers, employ-
ees and other representatives of such person(s).
(c) The word "person" shall include, but not
be limited to, a natural person, partnership, firm
or corporation or any other kind of business or
legal entity.
(d) The word "tenant" shall include any and
all persons lawfully occupying residential prop-
erty pursuant to a lease or other rental agree-
ment, whether written or oral. (Added by Ord.
464-83, App. 9/16/83)
SEC. 109.21. DISPLAY OF LIFE AND
PROPERTY CONSERVATION DECALS.
A person is authorized by the provisions of
this Article to display life and property conser-
vation decals on windows, doors and other ap-
propriate parts of residential property in which
he or she is a tenant, and it shall be a prohibited
practice for any landlord to order or effect the
removal of such decals prior to the termination of
the tenancy. (Added by Ord. 464-83, App. 9/16/
83)
SEC. 109.22. Costs of removal.
In the event that a landlord incurs expenses
in order to remove a life and property conserva-
tion decal from residential property after the
termination of a tenancy, it shall be considered a
repair expense chargeable against the security
deposit as set forth in California Civil Code
Section 1950.5(b) and (e). (Added by Ord. 464-83,
App. 9/16/83)
89
Sec. 109.22. San Francisco - Police Code 90
[The next page is 95]
ARTICLE 2: DISORDERLY CONDUCT
Sec. 110. Ball Playing on Public Street
Prohibited.
Sec. 120-2. Aggressive Solicitation
Ban/Substance Abuse and
Mental Health Diversion
Program.
Sec. 122. Aggressive Pursuit Prohibited.
Sec. 123. Penalty.
Sec. 124. Findings.
Sec. 124.1. Definitions.
Sec. 124.2. Loitering Prohibited.
Sec. 124.3. Use of Toilet by More Than One
Person Prohibited.
Sec. 124.4. Warning Required Prior to
Enforcement.
Sec. 124.5. Penalties.
Sec. 124.6. Severability.
Sec. 125. Bribery of Police Officers
Prohibited.
Sec. 130. Defacement, Etc., of Property in
Civic Center Prohibited.
Sec. 131. Penalty.
Sec. 132. Intoxicating Liquors Prohibited
Upon Premises of San Francisco
General Hospital.
Sec. 133. Penalty.
Sec. 136. Flags, Bunting, Etc., Injury to,
Prohibited.
Sec. 148. Definition of Stadium.
Sec. 149. Excluding Intoxicated or
Disorderly Patrons.
Sec. 153. Urination and Defecation.
Sec. 157. Crowds to Disperse on Order of
Police Officer.
Sec. 163. Penalty.
Sec. 220. Visiting House of 111 Fame for
Unlawful Purpose Prohibited.
Sec. 221. Knowingly Becoming Inmate of
or Contributing to Support of
House of 111 Fame Prohibited.
Sec.
225
Sec.
226
Sec.
236
Sec.
240
Sec.
249
Sec.
250
Sec. 251.
Sec. 252.
Sec. 253.
Sec. 254.
Sec. 255.
Sec. 256.
Sec. 257.
Sec. 258.
Sec. 259.
Sec. 259.1.
Sec. 259.2.
Sec. 259.3.
Soliciting Prostitution
Prohibited.
Penalty.
Use of Buildings for Prostitution
Prohibited.
Unlawful to Offer or Agree to
Commit Prostitution, Etc.
Persons Convicted of Certain
Crimes Required to Register in
the Office of The Chief of Police.
Driving any Motor Vehicle by
Persons Convicted of Certain
Crimes Prohibited Without First
Registering Such Vehicle in the
Office of Chief of Police.
Chief of Police to Photograph
and Fingerprint Registrant.
Registration Required Within
Forty-Eight Hours.
Notice of Change of Residence
Required Within Twenty-Four
Hours.
False Statements Prohibited.
Penalty for Refusal or Neglect
to Comply.
Conviction Defined.
A Conviction Set Aside Not
Deemed a Conviction.
Penalty.
State Laws.
Registration Files Confidential.
Exemption.
Notice to Potential Victims of
Stalker.
SEC. 110. BALL PLAYING ON PUBLIC
STREET PROHIBITED.
It shall be unlawful for any person to play at
or participate in any game of ball on any public
street or highway. (Added by Ord. 1.075, App.
10/11/38)
95
Sec. 110.
San Francisco - Police Code
96
Sec. 115.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 120.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Proposition M, 11/4/2003)
Sec. 120-1.
(Added by Proposition J, 11/3/92; repealed by
Proposition M, 11/4/2003)
SEC. 120-2. AGGRESSIVE
SOLICITATION BAN/ SUBSTANCE ABUSE
AND MENTAL HEALTH DIVERSION
PROGRAM.
(a) Findings. The people of San Francisco
find that the problems of aggressive and im-
proper solicitation are among the most difficult
and vexing faced by the City and that prior
approaches mostly have failed.
The people of San Francisco find that aggres-
sive solicitation for money in public and private
places threatens residents' and visitors' safety,
privacy and quality of life. San Franciscans seek
policies that preserve citizens' right to enjoy
public spaces free from fear and harassment
while protecting the free speech rights of indi-
viduals and groups, permitting appropriate and
safe commercial activities of street artisans, per-
formers and merchants and providing for the
basic needs of indigent and vulnerable popula-
tions. Where appropriate, San Franciscans also
seek to establish policies and programs that
limit the ability of indigent and homeless sub-
stance abusers to use cash contributions for the
purchase of alcohol and illegal drugs.
The people of San Francisco find that the
City's existing laws regulating panhandling and
solicitation are outdated and unenforceable as a
result of numerous court decisions and criminal-
ize violators instead of diverting them to screen-
ing and assessment for eligibility in drug and
alcohol dependency and mental health treat-
ment programs.
The people of San Francisco find that people
who aggressively or improperly solicit because of
drug or alcohol dependency or mental illness
should be diverted from the criminal court sys-
tem to a program of screening, assessment and
referral operated by the San Francisco Depart-
ment of Public Health.
(b) Goals. This section: (1) replaces prior
bans on panhandling, restrictions on aggressive
solicitation, and solicitation near automatic teller
machines (ATMs) rendered unenforceable by court
rulings with a new aggressive solicitation prohi-
bition; (2) establishes new specific prohibitions
on solicitation near ATM machines, near residen-
tial property, in parking lots, on median strips
and near freeway offramps and on the Municipal
Railway and the BART system; (3) establishes a
requirement that, as appropriate, violators of
this ordinance be diverted from the criminal
justice system to a screening and assessment
program to identify candidates for alcohol and
drug dependency treatment and mental health
services administered by the Department of Pub-
lic Health in order to clear their citations.
(c) Definitions. For purposes of this sec-
tion:
1. "Aggressive manner" shall mean:
A. Approaching or speaking to a person, or
following a person before, during or after solicit-
ing if that conduct is intended or is likely to
cause a reasonable person to fear bodily harm to
oneself or to another, or damage to or loss of
property or otherwise be intimidated into giving
money or other thing of value;
B. Continuing to solicit from a person after
the person has given a negative response to such
soliciting;
C. Intentionally touching or causing physi-
cal contact with another person without that
person's consent in the course of soliciting;
D. Intentionally blocking or interfering with
the safe or free passage of a pedestrian or vehicle
by any means, including unreasonably causing a
pedestrian or vehicle operator to take evasive
action to avoid physical contact;
E. Using violent or threatening gestures
toward a person solicited; or,
F. Following the person being solicited, with
the intent of asking that person for money or
other things of value.
97
Disorderly Conduct
Sec. 120-2.
2. "Soliciting" shall mean asking for money
or objects of value, with the intention that the
money or object be transferred at that time, and
at that place. Soliciting shall include using the
spoken, written, or printed word, bodily ges-
tures, signs, or other means with the purpose of
obtaining an immediate donation of money or
other thing of value or soliciting the sale of goods
or services.
3. "Public place" shall mean a place where a
governmental entity has title, to which the pub-
lic or a substantial group of persons has access,
including but not limited to any street, highway,
parking lot, plaza, transportation facility, school,
place of amusement, park, or playground.
4. "Check cashing business" shall mean any
person duly licensed by the Attorney General to
engage in the business of cashing checks, drafts
or money orders for consideration pursuant to
Section 1789.31 of the California Civil Code.
5. "Automated teller machine" shall mean a
device, linked to a financial institution's account
records, which is able to carry out transactions,
including, but not limited to: account transfers,
deposits, cash withdrawals, balance inquiries,
and mortgage and loan payments.
6. "Automated teller machine facility" shall
mean the area comprised of one or more auto-
matic teller machines, and any adjacent space
that is made available to banking customers
after regular banking hours.
(d) Prohibited acts.
1. No person shall solicit in an aggressive
manner in any public place.
2. No person shall solicit within twenty feet
of any entrance or exit of any check cashing
business or within twenty feet of any automated
teller machine without the consent of the owner
of the property or another person legally in
possession of such facilities. Provided, however,
that when an automated teller machine is lo-
cated within an automated teller machine facil-
ity, such distance shall be measured from the
entrance or exit of the facility.
3. No person shall solicit an operator or
other occupant of a motor vehicle while such
vehicle is located on any street or highway on-
ramp or off-ramp, for the purpose of performing
or offering to perform a service in connection
with such vehicle or otherwise soliciting dona-
tions or the sale of goods or services. Provided,
however, that this paragraph shall not apply to
services rendered in connection with emergency
repairs requested by the operator or passenger of
such vehicle.
4. No person shall solicit in any public trans-
portation vehicle, or in any public or private
parking lot or structure.
5. Before any law enforcement officer may
cite or arrest a person under this ordinance, the
officer must warn the person that his or her
conduct is in violation of this ordinance and must
give the person an opportunity to comply with
the provisions of this ordinance.
(e) Penalties. Any person violating any pro-
vision of this section shall be guilty of a misde-
meanor or an infraction. The complaint charging
such violation shall specify whether the violation
is a misdemeanor or infraction, which decision
shall be that of the District Attorney. If charged
as an infraction, upon conviction, the violator
shall be punished by a fine not to exceed $50, or
by attending a screening, assessment and diver-
sion program designed and administered by the
Department of Public Health and approved by
the San Francisco Public Health Commission to
identify candidates for drug and alcohol depen-
dency counseling and treatment and mental health
services. If charged as a misdemeanor, upon
conviction, the violator shall be punished by a
fine of not less than $50 or more than $100,
and/or by attending a screening, assessment and
diversion program designed and administered by
the Department of Public Health and approved
by the San Francisco Public Health Commission
to identify candidates for drug and alcohol de-
pendency counseling and treatment and mental
health services. Any person guilty of violating
this ordinance three or more times in a twelve
month period shall be guilty of a misdemeanor
and shall be fined not less than $300 or more
than $500, and/or referred to a screening, assess-
ment and diversion program designed and ad-
ministered by the Department of Public Health
Sec. 120-2.
San Francisco - Police Code
98
and approved by the San Francisco Public Health
Commission to identify candidates for drug and
alcohol dependency counseling and treatment
and mental health services, and/or referred to a
community service assignment, or imprisoned in
the county jail for a period no longer than three
months.
(f) Diversion Program. The Director of
Public Health shall establish, administer and/or
certify the assessment and screening programs
set forth in subsection (e) of this section and
shall establish guidelines for determining whether
and under what circumstances violators may be
eligible to participate in diversion programs. In
addition, the Department of Public Health shall
establish, administer and/or certify diversion pro-
grams appropriate for treatment of violators,
and shall establish guidelines for determining
whether the conditions of diversion have been
satisfied. All rules and guidelines governing the
diversion program shall be established by the
Director of Public Health subject to the approval
of the San Francisco Health Commission not
later than six months after the Board of Super-
visors has declared the results of the election at
which this measure is passed. Individuals who
are referred for treatment but fail to participate
in such treatment shall be subject to the other
penalties set forth in subsection (e) of this sec-
tion.
(g) Effective Date. This law shall become
effective six months after the Board of Supervi-
sors has declared the results of the election at
which this measure is passed.
(h) Severability. If any section, sentence,
clause, or phrase of this law is held invalid or
unconstitutional by any court of competent juris-
diction, it shall in no way affect the validity of
any remaining portions of this law. (Added by
Proposition M, 11/4/2003)
Sec. 121.
(Added by Proposition J, 6/7/94; repealed by
Proposition M, 11/4/2003)
SEC. 122. AGGRESSIVE PURSUIT
PROHIBITED.
(a) It shall be unlawful for any person to
engage in aggressive pursuit of another.
(b) For purposes of this Section, "aggressive
pursuit" shall mean the wilful, malicious or
repeated following or harassment of another
person, including, but not limited to, wilful or
malicious communications by telephone, modem,
facsimile or mail with the intent to cause annoy-
ance, intimidation or fear on the part of the
person being pursued. (Added by Ord. 90-94,
App. 2/25/94)
SEC. 123. PENALTY.
Any person violating Section 122 of this Ar-
ticle shall be guilty of aggressive pursuit, and
upon conviction thereof, shall be subject to a fine
of not more than $500, or by imprisonment in the
County Jail for a term not to exceed six months,
or by both such fine and imprisonment. (Added
by Ord. 90-94, App. 2/25/94)
SEC. 124. FINDINGS.
The People of the City and County of San
Francisco find that persons who loiter or linger
at or near automatic public toilets imperil the
public's safety and welfare. Some of the auto-
matic public toilets are being used as a place of
narcotics sales and use, and for disposal of hypo-
dermic needles. In addition, the People find that
persons making legitimate use of automatic pub-
lic toilets have become intimidated and fearful
for their safety because of the presence of per-
sons loitering in or near the toilets and leaving
drug paraphernalia in and around the toilets,
preventing persons with legitimate need for the
toilets from using the toilets. Limiting the num-
ber of persons who may use an automatic public
toilet at any one time and prohibiting loitering or
lingering at or near such toilets may decrease
the incidence of these crimes by providing law
enforcement officers with an additional crime
fighting tool that does not infringe on any person's
basic rights.
No state law addresses this type of behavior
or protects the public from these problems. (Added
by Ord. 215, File No. 011410, App. 11/2/2001)
SEC. 124.1. DEFINITIONS.
(1) For the purpose of this ordinance, a
person loiters or lingers at or near an automatic
public toilet when the person remains within 10
feet of such a toilet for a period of over two
minutes without lawful business.
99
Disorderly Conduct
Sec. 124.6.
(2) For the purpose of this ordinance, an
automatic public toilet is a single-user toilet
located on a public sidewalk or other public
property. Automatic public toilets include what
are commonly referred to as Decaux toilets.
(Added by Ord. 215, File No. 011410, App. 11/2/
2001)
SEC. 124.2. LOITERING PROHIBITED.
It shall be unlawful for any person to loiter or
linger at or near any automatic public toilet in
the City and County of San Francisco. This
section is not intended to prohibit any person
from engaging in any lawful business that must
be conducted within ten feet of an automatic
public toilet, such as (1) using an automatic
public toilet; (2) waiting in line to use an auto-
matic public toilet; (3) accompanying or assisting
another person who is using an automatic public
toilet; or (4) activities such as waiting for a bus at
a bus stop or waiting in line to enter a theater or
other business where the bus stop or line is
within 10 feet of an automatic public toilet.
Lawful business does not include any activity
that can be conducted more than 10 feet from a
public toilet. (Added by Ord. 215, File No. 011410,
App. 11/2/2001)
SEC. 124.3. USE OF TOILET BY MORE
THAN ONE PERSON PROHIBITED.
It shall be unlawful for more than one person
over the age of thirteen (13) years old to enter or
remain in an automatic public toilet at one time,
unless the person using the automatic public
toilet has a disability that causes the person to
require assistance, in which case the person's
assistants may enter and remain in an auto-
matic public toilet with the disabled person. The
Department of Public Works shall post signs on
all automatic public toilets notifying users of the
restrictions set forth in this section. (Added by
Ord. 215, File No. 011410, App. 11/2/2001)
SEC. 124.4. WARNING REQUIRED
PRIOR TO ENFORCEMENT.
Before any law enforcement officer may cite
or arrest a person under Sections 124.2 of this
ordinance, the officer must warn the person that
his or her conduct is in violation of this ordinance
and must give the person an opportunity to
comply with the provisions of this ordinance.
(Added by Ord. 215, File No. 011410, App. 11/2/
2001)
SEC. 124.5. PENALTIES.
(1) First Conviction. Any person violating
any provision of this ordinance shall be guilty of
an infraction. Upon conviction, the violator shall
be punished by a fine of not less than $50 or more
than $100, and/or community service, for each
provision violated.
(2) Subsequent Convictions. In any accu-
satory pleading charging a violation of Section
124.2 or 124.3, if the defendant has been previ-
ously convicted of a violation of such Sections,
each such previous violation and conviction shall
be charged in the accusatory pleading. Any per-
son violating any provision of such Sections a
second time within a 30-day period shall be
guilty of an infraction and shall be punished by a
fine of not less than $300 or more than $500,
and/or community service, for each provision
violated. Any person violating any provision of
such Sections a third time, and each subsequent
time, within a 30-day period shall be guilty of an
infraction and shall be punished by a fine of not
less than $400 and not more than $500, and/or
community service, for each provision violated.
(Added by Ord. 215, File No. 011410, App. 11/2/
2001)
SEC. 124.6. SEVERABILITY.
If any subsection, sentence, clause, phrase, or
word of this ordinance be for any reason declared
unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision
shall not affect the validity or the effectiveness of
the remaining portions of this ordinance or any
part thereof. The People hereby declare that they
would have adopted this ordinance notwithstand-
ing the unconstitutionality, invalidity or ineffec-
tiveness of any one or more of its subsections,
sentences, clauses, phrases, or words. (Added by
Ord. 215, File No. 011410, App. 11/2/2001)
Sec. 125.
San Francisco - Police Code
100
SEC. 125. BRIBERY OF POLICE
OFFICERS PROHIBITED.
It shall be unlawful for any person to give" or
offer or promise to give any police officer, or for
any police officer to solicit or accept from any
person any bribe or reward as a consideration for
permitting the violation of any ordinance of this
city and county, or as a consideration for not
arresting any person who has violated any such
ordinance. (Added by Ord. 1.075, App. 10/11/38)
SEC. 130. DEFACEMENT, ETC., OF
PROPERTY IN CIVIC CENTER
PROHIBITED.
It shall be unlawful for any person to deface,
mar, scratch, or in any way injure the walls,
columns, balustrades, railings or ornaments of
the City Hall, Auditorium, Library or other build-
ing composing the Civic Center, or to deposit
rubbish on, or deface or injure in any manner the
grounds of the Civic Center, or to mutilate any of
the trees or structures therein. (Added by Ord.
1.075, App. 10/11/38)
SEC. 131. PENALTY.
Any person violating any of the provisions of
Section 130 of this Article shall be guilty of a
misdemeanor, and, upon conviction thereof, shall
be subject to a fine of not more than $50, or by
imprisonment in the County Jail for a period of
not more than 50 days, or by both such fine and
imprisonment. (Added by Ord. 1.075, App.
10/11/38)
SEC. 132. INTOXICATING LIQUORS
PROHIBITED UPON PREMISES OF SAN
FRANCISCO GENERAL HOSPITAL.
It shall be unlawful for any person to take,
transport, possess or consume any malt, vinous
or intoxicating liquors upon the premises of the
San Francisco General Hospital without permis-
sion of the Superintendent in charge or of the
Director of Public Health. (Added by Ord. 563-
58, App. 10/22/58)
SEC. 133. PENALTY.
Any person who shall violate any of the
provisions of Section 132 of this Article shall be
guilty of a misdemeanor, and, upon conviction
thereof, shall be punished by a fine not to exceed
$500, or by imprisonment in the County Jail for
not more than six months, or by both such fine
and imprisonment. (Added by Ord. 563-58, App.
10/22/58)
SEC. 136. FLAGS, BUNTING, ETC.,
INJURY TO, PROHIBITED.
It shall be unlawful for any person to destroy,
mutilate or otherwise injure or deface any flag,
bunting, paraphernalia or other property of the
City and County used for decorative purposes
upon the streets or buildings within the City and
County, or to remove the same without the
permission of the department controlling such
property. (Added by Ord. 1.075, App. 10/11/38)
Sec. 141.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 142.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 147.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
SEC. 148. DEFINITION OF STADIUM.
For purposes of this article, a stadium is
defined as a location enclosed by a building,
structure, or fence designed to hold more than
25,000 patrons and designed for the exhibition of
an athletic event, whether on private or public
property, except property under the control of the
Recreation and Park Department. (Added by
Ord. 54-00, File No. 000475, App. 3/31/2000)
SEC. 149. EXCLUDING INTOXICATED
OR DISORDERLY PATRONS.
Members of the San Francisco Police Depart-
ment are authorized to order persons to stay out
101
Disorderly Conduct
Sec. 163.
of, or to leave, any stadium when such officers
have reasonable cause to conclude that the per-
son so excluded:
(a) Is using any drug, or any "controlled
substance" as that term is defined and described
in the California Health and Safety Code;
(b) Is under the influence of intoxicating
liquor, any drug, or any "controlled substance" as
that term is defined and described in the Cali-
fornia Health and Safety Code, or any combina-
tion of any intoxicating liquor, drug, or controlled
substance, and is in such a condition that he or
she is unable to exercise care for his or her own
safety or the safety of others or interferes with or
obstructs or prevents the use of the stadium by
other patrons;
(c) Is doing any act injurious to the stadium's
structure, signage or facility;
(d) Throws any potentially dangerous ob-
ject;
(e) Possesses any firearm or other object
used primarily as a weapon;
(f) Climbs or jumps from any wall, fence or
structure;
(g) Gains admittance without paying;
(h) Disobeys any rule or regulation govern-
ing such stadium after being warned not to do so
by a police officer or employee of the stadium
owner or tenant, if the officer or employee has
reasonable cause to conclude that such behavior
damages or risks damage to property or injures
or risks injury to any person or interferes with
the use and enjoyment of such area or facility by
other persons; or
(i) Behaves in so noisy, boisterous or rowdy
a manner as to disturb spectators or participants
at any event at the stadium. (Added by Ord.
54-00, File No. 000475, App. 3/31/2000)
Sec. 152.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
SEC. 153. URINATION AND
DEFECATION.
(a) It shall be unlawful for any person to
deposit or cause to be deposited any human
urine or feces upon any public or private high-
way or road, including any portion of the right-
of-way thereof, or in or upon any private prop-
erty into or upon which the public is admitted by
easement or license, or upon any private prop-
erty without the consent of the owner, or in or
upon any public property other than property
designated or set aside for that purpose.
(b) Penalty. Any person who shall violate
the provisions of this Section shall be guilty of an
infraction, the penalty for which shall be a fine
which shall be not less than $50 nor more than
$500.
(c) The Department of Public Works shall
work with other City Departments to post and
update on the City's website a list of the loca-
tions and hours of operation of all available
City-operated restroom facilities.
(d) Exemption. Persons who violate this
ordinance due to verified medical conditions shall
be exempt from the enforcement provisions of
this ordinance. (Added by Ord. 160-02, File No.
020293, App. 7/19/2002)
SEC. 157. CROWDS TO DISPERSE ON
ORDER OF POLICE OFFICER.
Whenever the free passage of any street or
sidewalk shall be obstructed by a crowd, except
on occasion of public meeting, the persons com-
posing such crowd shall disperse or move on
when directed so to do by any police officer.
(Added by Ord. 1.075, App. 10/11/38)
Sec. 162.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 196-03, File No. 021948, App. 8/1/2003)
SEC. 163. PENALTY.
Any person violating any of the provisions of
Section 162 of this Article shall be guilty of a
misdemeanor, and, upon conviction thereof, shall
be subject to a fine of not less than $100 and not
more than $500, or by imprisonment in the
Sec. 163.
San Francisco - Police Code
102
County Jail for a term of not more than six
months, or by both such fine and imprisonment.
(Added by Ord. 1.075, App. 10/11/38)
Sec. 168.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 169.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 170.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 171.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 176.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 177.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 182.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 183.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 193.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 194.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 199.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 205.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 210.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 215.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
SEC. 220. VISITING HOUSE OF ILL
FAME FOR UNLAWFUL PURPOSE
PROHIBITED.
It shall be unlawful for any person to resort
to or visit any disorderly house or house of ill
fame for the purpose of engaging in or observing
any lewd, indecent or obscene act or conduct.
(Amended by Ord. 60-58, App. 2/5/58)
SEC. 221. KNOWINGLY BECOMING
INMATE OF OR CONTRIBUTING TO
SUPPORT OF HOUSE OF ILL FAME
PROHIBITED.
It shall be unlawful for any person knowingly
to become an inmate of, or contribute to the
support of, any disorderly house or house of ill
fame. (Added by Ord. 60-58, App. 2/5/58)
SEC. 225. SOLICITING PROSTITUTION
PROHIBITED.
It shall be unlawful for any person on any
public street or highway or elsewhere, to solicit,
by word, act, gesture, knock, sign or otherwise,
any person for the purpose of prostitution. (Added
by Ord. 1.075, App. 10/11/38)
SEC. 226. PENALTY.
Any person violating the provisions of Sec-
tion 225 of this Article shall be guilty of a
misdemeanor, and upon conviction thereof, shall
be punished by a fine not to exceed $100, or by
imprisonment for not more than 50 days, or by
both such fine and imprisonment. (Added by
Ord. 1.075, App. 10/11/38)
103
Disorderly Conduct
Sec. 249.
Sec. 231.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
SEC. 236. USE OF BUILDINGS FOR
PROSTITUTION PROHIBITED.
It shall be unlawful for any person, company
or corporation owning or acting as agent for the
owner of any building to suffer or permit said
building or any portion thereof to be rented,
leased, occupied or used for the purposes of
prostitution. (Added by Ord. 1.075, App. 10/11/
38)
SEC. 240. UNLAWFUL TO OFFER OR
AGREE TO COMMIT PROSTITUTION,
ETC.
Every person is guilty of a misdemeanor who:
(a) Offers or agrees to commit any lewd or
indecent act or any act of prostitution; or
(b) Offers to secure another for the purpose
of committing any act of prostitution, fornica-
tion, assignation or for any other lewd or inde-
cent act with any other person; or
(c) Is in or near any thoroughfare or public
place for the purpose of inducing, enticing or
procuring another to commit an act of lewdness,
fornication or unlawful sexual intercourse; or
(d) Knowingly transports any person to any
place for the purpose of committing any lewd or
indecent act or any act of prostitution; or
(e) Knowingly receives, offers or agrees to
receive any person into any place or building for
the purpose of assignation or of performing any
act of lewdness or fornication, or knowingly
permits any person to remain there for any such
purposes; or
(f) Directs any person to any place for the
purpose of committing any lewd or indecent act
or any act of prostitution or fornication; or
(g) In any way aids or abets or participates
in the doing of any of the acts prohibited by
subdivisions (a) to (f), inclusive, of this Section.
(Added by Ord. 4428, Series of 1939, App. 5/12/
47)
Sec. 241.
(Added by Ord. 6094, Series of 1939, App. 6/23/
50; repealed by Ord. 14-02, File No. 011845, App.
2/8/2002)
Sec. 242.
(Added by Ord. 6094, Series of 1939, App. 6/23/
50; repealed by Ord. 14-02, File No. 011845, App.
2/8/2002)
Sec. 243.
(Added by Ord. 6094, Series of 1939, App. 6/23/
50; repealed by Ord. 14-02, File No. 011845, App.
2/8/2002)
Sec. 244.
(Added by Ord. 6094, Series of 1939, App. 6/23/
50; repealed by Ord. 14-02, File No. 011845, App.
2/8/2002)
Sec. 245.
(Added by Ord. 6094, Series of 1939, App. 6/23/
50; repealed by Ord. 14-02, File No. 011845, App.
2/8/2002)
Sec. 246.
(Added by Ord. 6094, Series of 1939, App. 6/23/
50; repealed by Ord. 14-02, File No. 011845, App.
2/8/2002)
Sec. 247.
(Added by Ord. 6094, Series of 1939, App. 6/23/
50; repealed by Ord. 14-02, File No. 011845, App.
2/8/2002)
Sec. 248.
(Added by Ord. 6094, Series of 1939, App. 6/23/
50; repealed by Ord. 14-02, File No. 011845, App.
2/8/2002)
SEC. 249. PERSONS CONVICTED OF
CERTAIN CRIMES REQUIRED TO
REGISTER IN THE OFFICE OF THE
CHIEF OF POLICE.
Every person who subsequent to July 1, 1944,
has been or hereafter is convicted of a crime in
the State of California under the provisions of
one or more of the following Sections of the Penal
Code of California, to-wit, Sections 265, 274, or
Sec. 249.
San Francisco - Police Code
104
Subdivision 2 of Section 261, or Subdivisions 3 or
5 of Section 311, or who has, subsequent to July
1, 1944, or is hereafter convicted of, in the State
of California, or elsewhere, any attempt or con-
spiracy to commit any offense described or re-
ferred to in this Section; or who has been or who
subsequently is convicted of any offense, at-
tempts included, in any other place than the
State of California subsequent to July 1, 1944,
which offense if committed in the State of Cali-
fornia would have been punishable under one or
more of the above mentioned Sections and comes
into the City and County of San Francisco from
any point outside of such City and County, whether
in transit through said City and County, or
otherwise, shall report to the Chief of Police
within 48 hours after his arrival within the
boundaries of said City and County, and shall
furnish to the Chief of Police in a written state-
ment signed by such person, the true name of
such person and each and every other name or
alias by which such person is or has been known,
a full and complete description of himself, the
name of each crime hereinabove in this Section
enumerated of which he shall have been con-
victed, together with the name of the place where
each such crime was committed, and the name
under which he was convicted, and the date of
the conviction thereof; the name, if any, and the
location of each prison, reformatory or other
penal institution in which he shall have been
confined as punishment therefor, together with
the location or address of his residence, stopping
place or living quarters in this City and County;
and each one thereof, if any, or the addresses or
location of his intended residence, stopping place
or living quarters therein and each one thereof,
with the description of the character of each such
place, whether a hotel, apartment house, dwell-
ing house, or otherwise, giving the street number
thereof, if any, or such description of the address
or location thereof as will so identify the same as
to make it possible of location, and the length of
time for which he expects or intends to reside
within the territorial boundaries of this City and
County. (Added by Ord. 6164, Series of 1939,
App. 7/31/50)
SEC. 250. DRIVING ANY MOTOR
VEHICLE BY PERSONS CONVICTED OF
CERTAIN CRIMES PROHIBITED
WITHOUT FIRST REGISTERING SUCH
VEHICLE IN THE OFFICE OF CHIEF OF
POLICE.
At the time of furnishing the information
required by Sections 249 to 259.2 of this Article,
such person and every person required to regis-
ter pursuant to Section 290 to the Penal Code,
shall also furnish information on any or all
motor vehicles owned or operated by him, to-wit:
make, body type, year of manufacture, motor
number, license number, color of vehicle and
other distinguishing features. Such person also
shall report to the Chief of Police any repair
work, painting, or other alterations changing the
general appearance of the motor vehicle made
after it has been registered, within 48 hours
after such alteration. Such a person shall not
drive any motor vehicle on which the above
information has not been filed with the Chief of
Police. (Added by Ord. 6164, Series of 1939, App.
7/31/50)
SEC. 251. CHIEF OF POLICE TO
PHOTOGRAPH AND FINGERPRINT
REGISTRANT.
At the time of furnishing the information
required by Sections 249 to 259.2 of this Article,
the said person shall be photographed and fin-
gerprinted by the Chief of Police and the said
photograph and fingerprints shall be made a
part of the permanent record herein provided for.
(Added by Ord. 6164, Series of 1939, App. 7/31/
50)
SEC. 252. REGISTRATION REQUIRED
WITHIN FORTY-EIGHT HOURS.
Every person residing within this City and
County at the time Sections 249 to 259.2 of this
Article become effective, who has been convicted
subsequently to July 1, 1944, of any crime re-
ferred to in Sections 249 to 259.2 of this Article,
shall, within 48 hours from and after the effec-
tive date hereof, furnish to the Chief of Police in
a written statement signed by such person, all
the information which Sections 249 to 259.2 of
105
Disorderly Conduct
Sec. 258.
this Article require to be furnished, together
with the photographs and fingerprints hereinbe-
fore provided for. (Added by Ord. 6164, Series of
1939, App. 7/31/50)
SEC. 253. NOTICE OF CHANGE OF
RESIDENCE REQUIRED WITHIN
TWENTY-FOUR HOURS.
In the event that any person required in
Sections 249 to 259.2 of this Article to register
shall change any such place of residence, stop-
ping place, or living quarters to any new or
different place or places within this City and
County other than any place last shown in such
report to the Chief of Police, he shall within 24
hours after the making of such change, notify the
Chief of Police in a written and signed statement
of such change of address and shall furnish in
such written statement to the Chief of Police his
new address and each one thereof. (Added by
Ord. 6164, Series of 1939, App. 7/31/50)
SEC. 254. FALSE STATEMENTS
PROHIBITED.
A person required by any provision of Sec-
tions 249 to 259.2, inclusive, of this Article to
register shall not furnish in such report any false
or fictitious address or any address other than a
true address or intended address, and shall not
furnish, in making any such report, any false,
untrue, or misleading information or statement
relating to any information required by any
provisions of Sections 249 to 259.2, inclusive, of
this Article, to be made or furnished. (Added by
Ord. 6164, Series of 1939, App. 7/31/50)
SEC. 255. PENALTY FOR REFUSAL OR
NEGLECT TO COMPLY.
Any person required to do so by any provision
of Sections 249 to 259.2, inclusive, of this Article,
who fails, neglects or refuses to make such report
or to furnish such information, photograph, or
fingerprints, or who fails, neglects, or refuses to
render or furnish the same within the time
hereinbefore prescribed, or who fails, neglects, or
refuses to furnish to the Chief of Police within
such time any information, photographs, and
fingerprints required to be furnished by any
provision of Sections 249 to 259.2, inclusive, of
this Article, or who furnishes any false, untrue,
or misleading information or statement relating
to any information required by any provision of
Sections 249 to 259.2, inclusive, of this Article, to
be made or furnished, is guilty of a misdemeanor.
(Added by Ord. 6164, Series of 1939, App. 7/31/
50)
SEC. 256. CONVICTION DEFINED.
If a conviction has been set aside by pardon
or, pursuant to Section 1203.4 of the Penal Code
of the State of California, or a similar law in any
other state or jurisdiction, after the termination
of probation, such conviction nevertheless shall
be deemed a conviction included in Sections 249
to 259.2, inclusive, of this Article. (Added by Ord.
6164, Series of 1939, App. 7/31/50)
SEC. 257. A CONVICTION SET ASIDE
NOT DEEMED A CONVICTION.
If a conviction has been set aside in any other
manner, including reversal by an Appellate Court
or the granting of a writ of certiorari, habeas
corpus, or coram nobis, it shall not be deemed to
be a conviction included in Sections 249 to 259.2,
inclusive, of this Article. (Added by Ord. 6164,
Series of 1939, App. 7/31/50)
SEC. 258. PENALTY.
Any person violating any provision of Sec-
tions 249 to 259.2, inclusive, of this Article, is
guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine not to
exceed $500, or by imprisonment in the County
Jail for a period of not to exceed six months, or by
both such fine and imprisonment.
Each separate day, or any portion thereof,
during which any violation of Sections 249 to
259.2, inclusive, of this Article, occurs or contin-
ues, and each failure, neglect or refusal to make
any such report or to furnish any such informa-
tion, photograph, or fingerprints during each or
any day or portion thereof from and after the
expiration of the time specified in Sections 249 to
259.2, inclusive, of this Article, within which
such report must be made, or such information,
photograph, or fingerprints furnished, shall be
Sec. 258.
San Francisco - Police Code
106
deemed to constitute a separate violation thereof,
and a separate offense thereunder, and upon
conviction therefor each such violation shall be
punishable as herein provided. (Added by Ord.
6164, Series of 1939, App. 7/31/50)
SEC. 259. STATE LAWS.
Sections 249 to 259.2, inclusive, of this Ar-
ticle, do not prohibit or require any act specifi-
cally prohibited, required, or permitted by Sec-
tion 290 of the Penal Code or by any other state
statute or state law. (Added by Ord. 6164, Series
of 1939, App. 7/31/50)
SEC. 259.1. REGISTRATION FILES
CONFIDENTIAL.
The files maintained by the Chief of Police
under Sections 249 to 259.2, inclusive, of this
Article, shall be confidential; however, said records,
photographs and fingerprints shall at all reason-
able times be open to the inspection of any peace
officer having jurisdiction within the territorial
boundaries of said City and County. (Added by
Ord. 6164, Series of 1939, App. 7/31/50)
SEC. 259.2. EXEMPTION.
If, because of the provisions of any state
statute, or otherwise, any person, other than a
peace officer, has, despite the provisions of Sec-
tion 259.1 of this Article, the right to inspect any
information, photograph, fingerprints, or other
documents referred to in Sections 249 to 259.1 of
this Article, then Sections 249 to 259.1, inclusive,
of this Article, do not require the furnishing of
such information, photograph, fingerprints, or
other document. (Added by Ord. 6164, Series of
1939, App. 7/31/50)
SEC. 259.3. NOTICE TO POTENTIAL
VICTIMS OF STALKER.
(a) Whenever a person is to be released who
has been arrested or detained for violating Penal
Code Section 647.9 (stalking) or convicted of
violating Penal Code Section 647.9, the custodial
official making the release shall endeavor promptly
to notify of the impending release any person
who is a potential stalking victim of the indi-
vidual to be released. Where feasible, the releas-
ing authority shall give the notice required by
this Section at least five calendar days prior to
the release by certified mail and by telephone.
For the purpose of this ordinance, a person is a
potential stalking victim of an individual where
the individual has been previously arrested, or
detained for violating Penal Code Section 647.9
or convicted for violating Penal Code Section
647.9 in connection with that person. In addi-
tion, a potential stalking victim shall include any
person who has filed with the San Francisco
Police Department a written complaint of stalk-
ing activities by the individual to be released
directed at the complainant. In addition, a po-
tential stalking victim shall include any person
who the Police Department has reason to be-
lieve, based on evidence it has gathered or re-
ceived, is a potential stalking victim of the indi-
vidual to be released.
(b) In undertaking the enforcement of this
ordinance, the City and County of San Francisco
is assuming an undertaking only to promote the
general welfare. It is not assuming, nor is it
imposing on its officers and employees, an obli-
gation for breach of which it is liable in money
damages to any person who claims that such
breach proximately caused injury. (Added by
Ord. 364-93, App. 11/18/93)
[The next page is 119]
ARTICLE 3: GAMES OF CHANCE
Sec. 260. Playing Poker in Public Places
Prohibited.
Sec. 277. Dice Throwing in Certain Cases
Prohibited.
Sec. 282. Gambling in Barricaded Rooms
Prohibited.
Sec. 283. Visiting Barricaded Gambling
Rooms Prohibited.
Sec. 288. Visiting Gambling House
Prohibited.
Sec. 293. Possession of Gambling
Implements Prohibited.
Sec. 294. Possession Defined.
Sec. 325. Operation of Slot Machines
Prohibited.
Sec. 326. Operation Defined.
Sec. 327. Penalty.
Sec. 331. Visiting Pool Rooms Prohibited.
Sec. 332. Betting, Pool Selling, Pool
Buying on Horse Races
Prohibited.
Sec. 333. Bookmaking, Pool Buying,
Wagers, Bets on Dog Races
Prohibited.
Sec. 334. Pool Selling, Bookmaking,
Betting on Contests Between
Men Prohibited.
Sec. 335. Immunity From Prosecution.
Sec. 340. Strap Game, Trick of The Loop,
Prohibited.
Sec. 341. Operation of Strap Game, Trick
of The Loop, Prohibited.
SEC. 260. PLAYING POKER IN PUBLIC
PLACES PROHIBITED.
It shall be unlawful for any person to play the
game of poker, for money or other representative
of value, in any barroom or public place, or for
any person having the possession or charge or
control of any barroom or public place to permit
the game of poker to be played therein for money
or other representative of value, unless licensed
pursuant to Article 32A of the Police Code.
(Amended by Ord. 437-82, App. 9/3/82)
Sec. 265.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 266.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 270.
(Added by Ord. 210, Series of 1939, App. 7/12/39;
repealed by Ord. 14-02, File No. 011845, App.
2/8/2002)
Sec. 271.
(Added by Ord. 211, Series of 1939, App. 7/12/39;
repealed by Ord. 14-02, File No. 011845, App.
2/8/2002)
Sec. 272.
(Added by Ord. 211, Series of 1939, App. 7/12/39;
repealed by Ord. 14-02, File No. 011845, App.
2/8/2002)
SEC. 277. DICE THROWING IN
CERTAIN CASES PROHIBITED.
No person shall draw numbers, figures, let-
ters or cards in the nature of a game of chance, or
throw or count dice or engage or take part in any
way therein, or in any game of chance of any
kind whatever for money, thing in action, prop-
erty or valuables of any kind whatever in a
public place, or place open to public view, or
where the same may be seen by persons being or
passing upon the street or in the presence or
view of two or more persons, including those
engaged therein; and no person shall permit or
suffer the same upon his or her premises or
place, or upon any premises or place under his or
her control; provided, that cube or poker dice
may be thrown for merchandise within a place of
119
Sec. 277.
San Francisco - Police Code
120
business where such merchandise is ordinarily
sold, by persons other than the proprietor of such
business and the employees of such proprietor.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 282. GAMBLING IN BARRICADED
ROOMS PROHIBITED.
It shall be unlawful for any person within the
limits of the City and County of San Francisco to
exhibit or expose to view in any barred or barri-
caded house or room, or in any place built or
protected in a manner to make it difficult of
access or ingress to police officers, when three or
more persons are present, any cards, dice, domi-
noes, fan-tan table or layout, or any part of such
layout, or any gambling implements whatsoever.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 283. VISITING BARRICADED
GAMBLING ROOMS PROHIBITED.
It shall be unlawful for any person for the
practice of gambling within the limits of the City
and County of San Francisco to visit or resort to
any such barred or barricaded house or room or
other place built or protected in a manner to
make it difficult of access or ingress to police
officers, where any cards, dice, dominoes, fan-tan
table or layout, or any part of such layout or any
gambling implements whatsoever are exhibited
or exposed to view when three or more persons
are present. (Amended by Ord. 59-58, App. 2/5/
58)
SEC. 288. VISITING GAMBLING HOUSE
PROHIBITED.
It shall be unlawful for any person to keep or
maintain, or visit for the practice of gambling, or
to contribute to the support of any house or place
where gambling is carried on or conducted, or to
knowingly let or underlet or transfer the posses-
sion of, any house or premises for use by any
person for said purpose. (Amended by Ord. 59-
58, App. 2/5/58)
SEC. 293. POSSESSION OF GAMBLING
IMPLEMENTS PROHIBITED.
It shall be unlawful for any person to have in
his possession, unless it be shown that such
possession is innocent or for a lawful purpose,
any faro box, faro table, faro layout, faro cases,
faro checks, or other implement or implements
for playing any banking game. (Added by Ord.
1.075, App. 10/11/38)
SEC. 294. POSSESSION DEFINED.
Any person found in any room or apartment
where such gambling implement or implements
are discovered shall, unless the contrary appear,
be deemed to have possession of the same; pro-
vided, that the possession of such implements by
the manufacturer of the same shall be deemed
innocent or for a lawful purpose. (Added by Ord.
1.075, App. 10/11/38)
Sec. 299.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 300.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 305.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 310.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 315.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 320.
(Amended by Ord. 59-58, App. 2/5/58; repealed
by Ord. 14-02, File No. 011845, App. 2/8/2002)
SEC. 325. OPERATION OF SLOT
MACHINES PROHIBITED.
It shall be unlawful for any person, either as
owner, lessee, agent, employee, mortgagee or
otherwise to operate, keep, maintain, rent, use
or conduct, within the City and County of San
Francisco, any clock, tape, slot or card machine,
or any other machine, contrivance or device upon
which money is staked or hazarded upon chance
121
Gaines of Chance
Sec. 334.
or into which money is paid, deposited, or played,
upon chance or upon result of the action of which
money or any other article or thing of value is
staked, bet, hazarded, won or lost upon chance.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 326. OPERATION DEFINED.
It shall be unlawful for any person, either as
owner, lessee, agent, employee, mortgagee or
otherwise, to operate, keep, maintain, rent, use
or conduct, within the City and County of San
Francisco, any machine, contrivance, appliance
or mechanical device upon the result of the
action of which money or other valuable things
are staked, or hazarded, and which is operated,
or played by placing or depositing therein any
coins, checks, slugs, balls or other articles or
device, or in any other manner, and by means of
the action thereof, or as a result of the operation
of which, any merchandise, money, representa-
tive or article of value, check or token, redeem-
able in, or exchangeable for money, or any other
thing of value is won or lost, or taken from or
obtained from such machine when the result of
the action or operation of such machine, contriv-
ance, appliance, or mechanical device, is depen-
dent upon hazard or chance. (Added by Ord.
1.075, App. 10/11/38)
SEC. 327. PENALTY.
Any person who shall violate any of the
provisions of Sections 325 and 326 of this Article
shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be punished by a fine of
not less than $100, nor more than $500, or by
imprisonment in the County Jail for not more
than six months, or by both such fine and im-
prisonment. (Added by Ord. 1.075, App. 10/11/
38)
SEC. 331. VISITING POOL ROOMS
PROHIBITED.
It shall be unlawful for any person in the City
and County of San Francisco to become an in-
mate of or, for any unlawful purpose to visit any
house, premises, room, apartment or place car-
ried on, conducted, or used as a "Poolroom" or
house, premises, room or apartment carried on,
conducted or used as a place for, or for the
purpose of making, buying or selling pools, or for
making "books," or pools, or for making bets or
wagers or for making out, issuing or delivering
"pool tickets," cards, prints, papers or memo-
randa showing or indicating, or purporting or
understood to show or indicate the character or
nature of a pool, or bet, or wager, or amount of
money, or thing, or article staked, pledged or
wagered, or for recording or registering "books,"
pools, bets or wagers or for the receipt, payment,
distribution of money or other articles or things
as representatives of value paid, offered, staked,
pledged, bet, wagered, lost or won on a horse
race, or on horse racing, on a contest or on
contest of speed between horses, or on a dog race,
or on dog racing, or on a contest or on contests of
speed between dogs, or on a contest or on contest
between men. (Amended by Ord. 59-58, App.
2/5/58)
SEC. 332. BETTING, POOL SELLING,
POOL BUYING ON HORSE RACES
PROHIBITED.
It shall be unlawful for any person, firm or
corporation to sell or buy pools or make books or
make or receive as principal or agent or other-
wise, any bet or wager whereby money or other
representative of value is staked or pledged on a
race or races understood to be run, or purporting
to be run between horses. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 333. BOOKMAKING, POOL
BUYING, WAGERS, BETS ON DOG RACES
PROHIBITED.
It shall be unlawful for any person or corpo-
ration in the City and County of San Francisco to
sell or buy or make books or make any bet or
wager in any system of registering bets or wa-
gers wherein money or any other representative
of value is staked or pledged on races between
dogs. (Added by Ord. 1.075, App. 10/11/38)
SEC. 334. POOL SELLING,
BOOKMAKING, BETTING ON CONTESTS
BETWEEN MEN PROHIBITED.
It shall be unlawful for any person in the City
and County of San Francisco to sell or buy pools
Sec. 334. San Francisco - Police Code 122
or make books, or make any bet or wager in any
system of registering bets or wagers wherein
money or any other representative of value, or
other articles of value are staked or pledged on
contests between men. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 335. IMMUNITY FROM
PROSECUTION.
No person, otherwise competent as a witness,
is disqualified from testifying as such concerning
the offenses defined in Sections 331 to 335,
inclusive, of this Article, on the ground that such
testimony may incriminate such witness under
the provisions defined in said sections, but no
prosecution can afterward be had against such
witness for any offense defined in said sections,
concerning which he testified. (Added by Ord.
1.075, App. 10/11/38)
SEC. 340. STRAP GAME, TRICK OF THE
LOOP, PROHIBITED.
It shall be unlawful for any person to advise
or solicit or challenge another person to bet or
wager anything of value on the game played by
means of a strap and commonly known as the
"strap game" or "trick of the loop," or to win or
acquire any money or thing of value from any
person by means of said game. Any instrument,
of whatever texture, used to play said "strap
game" or "trick of the loop," shall be deemed a
strap for the purposes of Sections 340 and 341 of
this Article. (Added by Ord. 1.075, App. 10/11/38)
SEC. 341. OPERATION OF STRAP
GAME, TRICK OF THE LOOP,
PROHIBITED.
It shall be unlawful for any person to permit
the "strap game" or "trick of the loop," to be
played for anything of value in or on any pre-
mises under his control. (Added by Ord. 1.075,
App. 10/11/38)
[The next page is 131]
ARTICLE 4: PARADES
Sec. 366. Definitions.
Sec. 367. Permit Required; Procedure.
Sec. 368. Indemnification Agreement.
Sec. 369. Grounds for Denial of
Application for Parade Permit.
Sec. 370. Procedure Following Denial of
Application.
Sec. 371. Appeals.
Sec. 372. Revocation by Police Chief.
Sec. 373. Violation of Permit Conditions.
Sec. 374. Unlawful to Sponsor or
Participate in a Parade Without
a Permit or to Interfere With
Such Event.
Sec. 375. Chief of Police to Establish
Lines.
Sec. 376. Chief of Police to Divert Parade
Around Fire, Etc.
Sec. 377. Interference With City Property
Prohibited.
Sec. 378. Penalties.
Sec. 379. Severability.
SEC. 366. DEFINITIONS.
For the purpose of Sections 366 to 379 inclu-
sive, the following definitions shall apply:
(a) The term "approve," when used in con-
nection with approval of an application for a
parade permit by the Chief of Police, means that
the Chief of Police has determined that none of
the grounds for denying an application, as set
forth in Section 369, exists, and that a permit is
to be issued once the applicant complies with
Section 367, pertaining to applications, and Sec-
tion 368, pertaining to indemnification.
(b) A "business district" is that area adja-
cent to a public street in which: (1) 50 percent or
more of the property fronting upon one side of
the street, for a distance of 600 feet, is occupied
by structures in use for commercial purposes; or,
(2) 50 percent or more of the property fronting
upon both sides of the street, considered together
and for a distance of 300 feet, is occupied by
structures in use for commercial purposes. A
business district may be longer than the dis-
tances specified in this section if the above ratio
of buildings in use for commercial purposes to
the length of the street exists.
(c) "Chief of Police" includes the Special
Events Unit or any representative designated by
the Chief of Police.
(d) To "issue" a permit is to deliver to an
applicant for a parade permit written permission
to sponsor or hold an event at a specified date
and location.
(e) A "parade" is an event, not including an
athletic event, in which a group of persons pro-
ceed as a collective body for more than one block
on any street in the City and County of San
Francisco, whether on foot or in any type of
vehicle or on an animal or animals, which event
obstructs or interferes with the normal flow of
vehicular traffic. An "athletic event" is an event
in which a group of people collectively engage in
a sport or form of physical exercise on any street
in the City and County of San Francisco, includ-
ing but not limited to jogging, bicycling, race-
walking, roller skating or running.The following
processions are not included in the definitions of
a "parade": (1) processions composed wholly of
the military or naval forces of the United States
or of the State of California; (2) processions
incidental to a wedding or funeral; (3) proces-
sions composed of one or more governmental
officials or candidates accompanied by security
personnel to which such officials or candidates
are entitled by virtue of their office or candidacy.
Any event taking place entirely on property
under the jurisdiction of the Recreation and
Park Commission shall be exempt from this
ordinance.
(f) "Person" shall include and mean any
person, firm, association, corporation, club, orga-
nization or ad hoc committee. (Added by Ord.
254-84, App. 5/31/84; amended by Ord. 394-88,
App. 8/26/88)
131
Sec. 367.
San Francisco - Police Code
132
SEC. 367. PERMIT REQUIRED;
PROCEDURE.
(a) Any person desiring to sponsor a parade
on any street of the City and County of San
Francisco, excluding streets on property under
the jurisdiction of the Recreation and Park Com-
mission, shall first obtain a permit therefor from
the Chief of Police.
(b) Written application for such permit should
be made to the Special Events Unit at least 60
days in advance in order to insure timely appeal
of a denial of the application. However, all appli-
cations for permits shall be processed by the
Chief of Police so long as they are received at
least 15 working days in advance of the proposed
date of the event; provided, however, that when
the proposed event designates a route which
passes through a business district, extends over
an area which involves more than five intersec-
tions (not including alleys), anticipates a number
of participants exceeding 250, or requires the
Municipal Railway to substantially alter passen-
ger routes or schedules, the applicant shall apply
at least 30 days in advance of the proposed date;
provided, further, that the Chief of Police may
grant a permit to an applicant who applies less
than 15 working days in advance if the Chief of
Police determines that the permit application
requires no substantial investigation or prepara-
tion of the route, which determination shall not
be subject to administrative review.
(c) The time limitations prescribed above
for the filing of a permit application may be
waived by the Chief of Police if the applicant can
show that the event or events giving rise to the
permit application did not reasonably allow the
applicant time to file within the time prescribed
and imposition of the time limitations would
place an unreasonable restriction on the right of
free speech.
(d) Application shall be made on a form
provided by the Chief of Police and shall include:
the name, business and home address, and busi-
ness and home phone number of the applicant
(who shall be a natural person), of the sponsor of
the event, and of the event organizer (that is, the
person responsible for managing and organizing
the details of the parade); the relationship of the
applicant to the sponsor; proof of the applicant's
authority to act on behalf of the sponsor; a
description of the route of the event; the names
of all streets to be used; the number of partici-
pants anticipated; the starting time and ex-
pected finishing time of the event; and any other
information requested in order to enable the
Chief of Police to verify the information required
in this subsection.
(e) Application for a permit shall be accom-
panied by a nonrefundable permit application
fee, in the amount set forth in Section 2.26 of the
Police Code.
(f) Applications submitted 60 days or more
before the date of the proposed event shall be
processed within 30 days. Applications submit-
ted between 30 and 59 days before the date of the
proposed event shall be processed within 20
days. Applications submitted between 15 and 29
days before the date of the proposed event shall
be processed at least seven days before the date
of the proposed event.
(g) Applications submitted less than 15 days
before the date of the proposed event shall be
processed within a reasonable time, which time
shall be given to the applicant at the time the
applicant is informed that the time limitations
set forth in this Section have been waived.
(h) If an application is not processed within
the time specified in Subsection (f), the applicant
may obtain approval of a permit application by
providing the Chief of Police with two copies of a
letter addressed to the Chief of Police, which
letter sets forth the details of the proposed event
and the date of the application and the fact that
the application has not yet been processed. The
applicant shall deliver one copy of the letter and
have the second copy file-stamped as proof of
having complied with this Section. If the Chief of
Police does not process the application within 48
hours of delivery by the applicant of the letter
described above, the application shall be deemed
approved.
(i) The Chief of Police shall issue a permit
immediately upon approval of the permit appli-
cation, and execution and receipt of the indem-
nification agreement required by Section 368.
133
Parades
Sec. 369.
(j) The Chief of Police shall, as appropriate,
transmit copies of any parade permit issued to
the Chief of the Fire Department, the Depart-
ment of Public Works, Emergency Hospital Ser-
vice, Department of Public Health, and the Gen-
eral Manager of the Municipal Railway. (Added
by Ord. 254-84, App. 5/31/84)
SEC. 368. INDEMNIFICATION
AGREEMENT.
The applicant or sponsor of a parade permit
must sign an agreement to reimburse the City
and County of San Francisco for any costs in-
curred by it in repairing damage to City property
which results from the actions of those sponsor-
ing the event or authorized participants in the
event, and to defend the City against and indem-
nify and hold the City harmless from any liabil-
ity to any person which results from the actions
of those sponsoring the event or authorized par-
ticipants in the event. Execution of this agree-
ment must occur at least one calendar week
before the date of the proposed event, unless the
application is not approved by that time, in
which case the Chief of Police shall designate a
reasonable time within which it is to be provided.
(Added by Ord. 254-84, App. 5/31/84)
SEC. 369. GROUNDS FOR DENIAL OF
APPLICATION FOR PARADE PERMIT.
The Chief of Police shall approve an applica-
tion for a parade permit unless he or she deter-
mines, from a consideration of the application, or
such information as the Chief of Police may
otherwise obtain, or both, that:
(a) The Chief of Police has reasonable cause
to conclude that the applicant or any person or
persons participating in the parade will, in con-
nection with that activity, cause physical injury
to persons or substantial damage to property; or
(b) The conduct of the event will substan-
tially interrupt the safe and orderly movement of
other traffic contiguous to its route; or
(c) The conduct of the event will require the
diversion of so great a number of police officers to
properly police the line of movement and the
areas contiguous thereto as to prevent normal
police protection to the rest of the City and
County of San Francisco; or
(d) The concentration of persons, animals
and vehicles at the assembly areas of the event
will unduly interfere with proper fire and police
protection of, or ambulance service to, areas
contiguous to such assembly areas; or
(e) The conduct of the event will interfere
with the movement of fire-fighting equipment en
route to a fire; or
(f) The conduct of the event will substan-
tially obstruct or interfere with any construction
or maintenance work scheduled to take place
upon or along the public streets; or
(g) Another permit application has been re-
ceived, and has been or may be approved, to
sponsor a parade at the same time and place
requested by the applicant, or so close in time
and place that undue confusion or congestion
would result, or the Police Department would
bear an unreasonable burden in meeting the
request for services by more than one applicant;
or
(h) The parade will not move from its point
of origin to its point of termination in four hours
or less, or such other reasonable time limit as set
by the Chief of Police in light of all relevant
circumstances; or
(i) The applicant fails to provide the infor-
mation requested on the application form or to
provide Police Department staff, when requested
to do so, with further information in order to
enable the Chief of Police to verify the informa-
tion required on the application form; or
(j) The applicant fails to provide proof of
approval from other governmental departments
or agencies when such approval is legally re-
quired; or
(k) The applicant fails or refuses to comply
with any condition reasonably imposed on the
granting of the permit in order to insure the
safety of event participants, members of the
Police Department or the public, or to insure the
orderly flow of traffic, or to avoid the likelihood of
harm to public or private property, which condi-
tions may include a change in the route of the
Sec. 369.
San Francisco - Police Code
134
event; provided, however, that nothing in this
Section shall be deemed to authorize the Chief of
Police to impose conditions which unreasonably
interfere with the right of free speech; or
(1) Other circumstances exist which make it
likely that the event would significantly inter-
fere with ordinary activities in the City and
County of San Francisco. (Added by Ord. 254-84,
App. 5/31/84)
SEC. 370. PROCEDURE FOLLOWING
DENIAL OF APPLICATION.
Upon the denial of any application for a
parade permit, the Chief of Police shall inform
the applicant of the reason or reasons for the
denial in writing. (Added by Ord. 254-84, App.
5/31/84)
SEC. 371. APPEALS.
The Board of Supervisors shall by motion
designate an appropriate committee of the Board
to act as a "Committee on Parades" for the
purposes of Sections 366 to 379, inclusive, of this
Article.
The applicant may appeal the denial of an
application for a parade permit, or the imposi-
tion of conditions on the issuance of a permit, to
the Committee on Parades, if such appeal can be
timely made. The Committee shall consider such
appeal and may either concur in the action of the
Chief of Police or overrule such action and order
that the permit be approved. If the Committee
orders that a permit be approved, it shall have
the authority to impose only such conditions as
are recommended by the Chief of Police. (Added
by Ord. 254-84, App. 5/31/84; amended by Ord.
394-88, App. 8/26/88)
SEC. 372. REVOCATION BY POLICE
CHIEF.
The Chief of Police may revoke a parade
permit if an emergency arises which makes it
impossible to assign the necessary personnel to
the event and still provide the personnel re-
quired elsewhere to protect the public, or if
information is obtained after the permit is issued
from which the Chief of Police reasonably con-
cludes that the permit should not have been
approved for reasons set forth in Section 369.
(Added by Ord. 254-84, App. 5/31/84)
SEC. 373. VIOLATION OF PERMIT
CONDITIONS.
If a parade deviates from the route approved
by the Chief of Police or if participants violate
any conditions contained in the permit, the po-
lice officer whom the Chief of Police has desig-
nated as the officer in charge of overseeing
personnel necessary to police the event may,
after warning the participants and providing
them with an opportunity to return to the ap-
proved route or to follow the permit conditions,
revoke the permit. (Added by Ord. 254-84, App.
5/31/84)
SEC. 374. UNLAWFUL TO SPONSOR OR
PARTICIPATE IN A PARADE WITHOUT A
PERMIT OR TO INTERFERE WITH SUCH
EVENT.
It shall be unlawful for any person to sponsor
a parade unless a permit has been issued for the
event, or for any person to participate in such an
event with the knowledge that the sponsors of
the event have not been issued the required
permit or with the knowledge that a permit has
been issued and subsequently revoked. Nor shall
any person interfere with or disrupt a lawful
parade undertaken pursuant to a permit, or
participate in such event unless designated as a
participant by its sponsor. (Added by Ord. 254-
84, App. 5/31/84)
SEC. 375. CHIEF OF POLICE TO
ESTABLISH LINES.
(a) The Chief of Police is hereby empowered
to establish lines, if he or she deems it necessary,
on both sides of the street along the proposed
route over which a parade is to pass, and no
person or vehicle of any kind, excepting those
described in Subsection (b), shall pass over or
through said lines. Such lines may be estab-
lished either by means of a physical barrier, such
as a rope, or by designating a curb or some other
line of demarcation as the line beyond which no
person or vehicle is to pass.
135
Parades
Sec. 379.
(b) Notwithstanding the provisions of Sub-
section (a), the following persons and vehicles
are authorized to cross lines established along a
parade route:
(i) Any city, county, state or federal peace or
fire prevention officer or vehicle responding to an
emergency call; or
(ii) Ambulances of public or private charac-
ter, or any other vehicle when such vehicle is
employed in carrying a sick or injured person to
a hospital or other place for treatment or relief;
or
(iii) United States Postal Service vehicles;
or
(iv) Auxiliary fire apparatus or emergency
vehicles when responding to a call to a fire, a
burglar alarm, or other emergency call; or
(v) Any other person or vehicle, including
regularly scheduled mass transit vehicles, whose
passage is deemed necessary or convenient by
the Chief of Police or the police officer whom the
Chief of Police has designated as the officer in
charge of overseeing Police Department person-
nel assigned to the event. (Added by Ord. 254-84,
App. 5/31/84)
SEC. 376. CHIEF OF POLICE TO
DIVERT PARADE AROUND FIRE, ETC.
In case of fire, accident or any emergency
along the route of a parade, the Chief of Police or
the police officer in charge of the detail on the
streets along which the parade shall pass, is
hereby given full power to divert the parade
around such fire, accident or emergency, over
and along the nearest cross street from such fire,
accident or emergency and shall direct the re-
turn of the parade to the route originally autho-
rized. (Added by Ord. 254-84, App. 5/31/84)
SEC. 377. INTERFERENCE WITH CITY
PROPERTY PROHIBITED.
It shall be unlawful for any person to remove,
displace or interfere with any socket, pole, wire,
ropes or other property of the City and County of
San Francisco used in connection with the regu-
lation of a parade. (Added by Ord. 254-84, App.
5/31/84)
SEC. 378. PENALTIES.
Any person violating any provision of Sec-
tions 366 through 379 of this Code shall be
deemed guilty of an infraction and upon convic-
tion thereof shall be punished by a fine not to
exceed $500. (Added by Ord. 254-84, App. 5/31/
84)
SEC. 379. SEVERABILITY.
If any of the provisions of this Article, or the
application of such provisions to any person or
circumstances, shall be held invalid, the remain-
der of this Article, or the application of such
provisions to the persons or circumstances other
than those to which it is held invalid, shall not be
affected thereby. (Added by Ord. 254-84, App.
5/31/84)
Sec. 379. San Francisco ■ Police Code 136
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ARTICLE 4.1: [RESERVED]
143
San Francisco - Police Code 144
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ARTICLE 4.2: [RESERVED]
153
San Francisco - Police Code 154
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ARTICLE 4.3: [RESERVED]
163
San Francisco - Police Code 164
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ARTICLE 4.4: [RESERVED]
173
San Francisco - Police Code 174
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ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
Sec.
385.
Purpose.
Sec.
386.
Unlawful to Direct Traffic
Without Authorization.
Sec.
387.
Permit Required; Application;
Term.
Sec.
388.
Indemnification and Insurance
Requirements.
Sec.
389.
Grounds for Denial of Permit.
Sec.
390.
Appeals.
Sec.
391.
Authorized Traffic Direction
Activities.
Sec.
392.
Diversion in Case of Emergency.
Sec.
393.
Traffic Safety Instruction
Program.
Sec.
394.
Official Insignia and Uniform;
Advisory Guidelines.
Sec.
395.
Penalties for Violation.
Sec.
396.
Severability.
SEC. 385. PURPOSE.
This Article is enacted pursuant to California
Vehicle Code Section 21100(e), which authorizes
local entities to permit the appointment of per-
sons other than traffic officers to direct traffic
under prescribed circumstances which require
such traffic direction in order to ensure the
orderly flow of traffic. Nothing in this Article
shall be construed to preclude the San Francisco
Police Department from escorting funeral proces-
sions. (Added by Ord. 376-84, App. 8/13/84)
SEC. 386. UNLAWFUL TO DIRECT
TRAFFIC WITHOUT AUTHORIZATION.
It shall be unlawful for any person other than
an officer of the Police Department, a member of
the Fire Department, or a person authorized by
the provisions of this Article or other applicable
laws to direct or attempt to direct traffic by voice,
hand or other signal, except for the operation of
any manually operated traffic control signal de-
vice erected by the Department of Public Works.
(Added by Ord. 376-84, App. 8/13/84)
SEC. 387. PERMIT REQUIRED;
APPLICATION; TERM.
(a) No person other than an officer of the
Police Department, a member of the Fire Depart-
ment or a person authorized by other applicable
laws shall direct or attempt to direct traffic
without first obtaining a permit therefor from
the Chief of Police, pursuant to this Article.
(b) Applications for funeral escort permits
shall be made on a form provided by the Chief of
Police, and shall include: (1) the name and busi-
ness address of the applicant; (2) proof of indem-
nification and insurance as required by Section
388 of this Article; (3) proof of satisfactory comple-
tion of a traffic safety program of instruction, as
set forth in Section 393 of this Article; (4) proof
that the applicant holds a valid California ve-
hicle operator's license, properly endorsed for the
type of vehicle the applicant intends to use while
directing vehicular funeral processions; (5) pay-
ment of the necessary application, permit insig-
nia and uniform fees, as set forth in Sections 2.26
and 2.27 of the Police Code; and (6) such other
information as the Chief of Police may require.
(c) Funeral escort licenses shall be issued
by the Tax Collector and shall expire one year
from the date of issuance unless the permit is
revoked sooner. Permits shall be nontransfer-
able. (Added by Ord. 376-84, App. 8/13/84)
SEC. 388. INDEMNIFICATION AND
INSURANCE REQUIREMENTS.
(a) The permittee shall sign an agreement
to reimburse the City and County of San Fran-
cisco for any costs incurred by the City in repair-
ing damage to City property which results from
any of his or her actions under the permit, and to
defend the City against and indemnify and hold
the City harmless from any liability to any
person which results from the actions of the
permittee or his or her employees or agents.
Execution of this agreement shall take place
prior to issuance of a funeral escort permit.
183
Sec. 388.
San Francisco - Police Code
184
(b) The permittee shall maintain through-
out the term of any permit issued pursuant to
this Article, insurance as follows:
(1) Workers' Compensation, with Employ-
ers' Liability limits not less than $1,000,000 each
accident, but only if permittees have employees
as defined by the California Labor Code;
(2) Comprehensive General Liability Insur-
ance with limits not less than $1,000,000 each
occurrence Combined Single Limit Bodily Injury
and Property Damage, including Contractual
Liability, Personal Injury, Broadform Property
Damage, products and Complete Operations Cov-
erages;
(3) Comprehensive Automobile Liability In-
surance with limits not less than $1,000,000
each occurrence Combined Single Limit Bodily
Injury and Property Damage, including owned,
nonowned and hired auto coverages, as appli-
cable.
Comprehensive General Liability and Com-
prehensive Automobile Liability Insurance poli-
cies shall be endorsed to provide the following:
(1) Name as ADDITIONAL INSUREDS the
City and County of San Francisco, its officers,
agents, employees, and member of commissions.
(2) That such policies are primary insur-
ance to any other insurance available to the
Additional Insureds, with respect to any claims
arising out of activities conducted under the
permit, and that insurance applies separately to
each insured against whom claim is made or suit
is brought.
ALL POLICIES SHALL BE ENDORSED TO
PROVIDE:
Thirty days advance written notice to City of
cancellation, nonrenewal or reduction in cover-
age, mailed to the following address: CHIEF, OF
POLICE, Hall of Justice, 850 Bryant Street, San
Francisco, CA 94103.
Certificates of insurance, satisfactory to City,
evidencing all coverages above shall be furnished
to the City prior to issuance and renewal of
permit and before commencing any operations
under this permit, with complete copies of poli-
cies upon City request. (Added by Ord. 376-84,
App. 8/13/84)
SEC. 389. GROUNDS FOR DENIAL OF
PERMIT.
The Chief of Police shall approve an applica-
tion for a funeral escort permit unless he or she
determines, from a consideration of the applica-
tion or such information as the Chief of Police
may otherwise obtain, that: (a) the application is
incomplete; or (b) the applicant has failed to
comply with any of the other conditions set forth
in this Article for issuance of a permit; or (c) the
applicant has been convicted of a crime, and the
time for appeal has elapsed, or an order granting
probation has been made suspending the impo-
sition of sentence (irrespective of the entry of a
subsequent order under Penal Code Section
1203.4); provided, however, that a permit may be
denied upon this ground only if the crime is
substantially related to the qualifications, func-
tions or duties associated with escorting a ve-
hicular funeral procession.
Upon the denial of any application for a
funeral escort permit, the Chief of Police shall
promptly inform the applicant in writing of the
reason(s) for the denial. (Added by Ord. 376-84,
App. 8/13/84)
SEC. 390. APPEALS.
The applicant may appeal the denial of an
application for a funeral escort permit, the im-
position of conditions on the issuance of a permit
or the revocation of a permit to the Transporta-
tion and Traffic Committee of the Board of Su-
pervisors by filing a notice of appeal in writing
with the Clerk of the Board of Supervisors within
five calendar days of the date of the notification
of denial issued by the Chief of Police. The
Transportation and Traffic Committee shall con-
sider such appeal and may either concur in the
action of the Chief of Police or overrule such
action and order that the permit be approved or
reinstated. If the Transportation and Traffic Com-
mittee orders that a permit be approved or
reinstated it shall have the authority only to
impose such conditions as are recommended by
the Chief of Police. The decision of the Transpor-
tation and Traffic Committee shall be final. (Added
by Ord. 376-84, App. 8/13/84)
185
Funeral Procession Escorts
Sec. 396.
SEC. 391. AUTHORIZED TRAFFIC
DIRECTION ACTIVITIES.
(a) Any person issued a valid funeral escort
permit pursuant to this Article and leading or
otherwise escorting a vehicular funeral proces-
sion shall obey all traffic laws, including all
speed laws, except that such person is autho-
rized to stop cross-traffic, other than any emer-
gency vehicles, to enable all vehicles in the
funeral procession to proceed together as an
unbroken column, at intersections controlled by:
(1) stop signs; provided that the permittee re-
mains in the intersection until all vehicles in the
funeral procession have cleared the intersection;
and (2) traffic signal lights; provided that the
first vehicle in the funeral procession enters the
intersection on a green light and the permittee
remains in the intersection at all times when the
light is not green.
(b) A permittee is authorized to direct traf-
fic in the manner specified in this Section only
while wearing an official insignia issued by the
Chief of Police and carrying a valid permit issued
to him or her as an individual pursuant to this
Article.
(c) The Chief of Police may order the revo-
cation of a funeral escort permit if the permittee
has directed traffic in a manner contrary to that
specified in this Section. (Added by Ord. 376-84,
App. 8/13/84)
SEC. 392. DIVERSION IN CASE OF
EMERGENCY.
In case of fire, accident, or any emergency
along the route of a vehicular funeral procession,
any officer of the Police Department or member
of the Fire Department is hereby authorized to
divert the funeral procession around such fire,
accident or other emergency, the provisions of
Section 391 of this Article notwithstanding. The
permittee shall immediately cease all efforts to
direct traffic when directed to do so by such
police officer or firefighter and shall not resume
efforts to direct traffic along the route of the
vehicular funeral procession until authorized to
do so by such police officer or firefighter. (Added
by Ord. 376-84, App. 8/13/84)
SEC. 393. TRAFFIC SAFETY
INSTRUCTION PROGRAM.
Each applicant shall submit to the Chief of
Police evidence of the curriculum, including in-
structional materials and skills taught and prac-
ticed, of a previously approved instructional pro-
gram of traffic safety and of the applicant's
successful completion of such program. The Chief
of Police shall review and approve such instruc-
tional programs if he or she reasonably deter-
mines that the program will provide sufficient
training for persons seeking permits under this
Article to direct traffic in a safe and lawful
manner. (Added Ord. 376-83, App. 8/13/83)
SEC. 394. OFFICIAL INSIGNIA AND
UNIFORM; ADVISORY GUIDELINES.
(a) The Chief of Police shall approve an
official insignia and uniform, to be worn as he or
she may specify, by all permittees while directing
traffic pursuant to this Article. Said uniform
shall be distinctive from those worn by the San
Francisco Police Department and the California
Highway Patrol.
(b) The Chief of Police shall prepare written
guidelines which shall be distributed to all ap-
plicants for permits under this Article. Such
guidelines shall be advisory in nature and shall
recommend procedures to insure safe vehicular
funeral processions. (Added by Ord. 376-84, App.
8/13/84)
SEC. 395. PENALTIES FOR VIOLATION.
Any person violating the provisions of this
Article shall be deemed guilty of an infraction,
and upon conviction thereof shall be punished by
a fine not to exceed $500. (Added by Ord. 376-84,
App. 8/13/84)
SEC. 396. SEVERABILITY.
If any of the provisions of this Article or the
application of such provisions to any person or
circumstances shall be held invalid, the remain-
der of this Article or the application of such
provisions to the persons or circumstances other
than those to which it is held invalid shall not be
affected thereby. (Added by Ord, 376-84, App.
8/13/84)
Sec. 396. San Francisco - Police Code 186
[The next page is 197]
ARTICLE 5: OFFENSIVE POWDERS
Sec. 405. Distributing "Ker Chew"
Powders Prohibited.
Sec. 406. Penalty.
Sec. 411. Unlawful Possession of
"Knockout Drops."
Sec. 412. Mixing Prohibited.
Sec. 413. Administering Drugs, Etc.,
Prohibited.
SEC. 405. DISTRIBUTING "KER CHEW"
POWDERS PROHIBITED.
It shall be unlawful for any person to sell,
give away or in any manner to distribute within
the City and County of San Francisco any "ker
chew powders," "stink balls," or similar sub-
stances designed to give offense to the senses.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 412. MIXING PROHIBITED.
No person shall, with unlawful intent, put in,
mix or compound with any beverage to be drunk
by any other person, any liquid, drug or sub-
stance mentioned in Section 411 of this Article.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 413. ADMINISTERING DRUGS,
ETC., PROHIBITED.
No person shall, with unlawful intent, give or
administer to, or compel, or cause, or persuade,
or induce any person to drink any beverage
which contains any liquid, drug or substance
mentioned in Section 411 of this Article. (Added
by Ord. 1.075, App. 10/11/38)
SEC. 406. PENALTY.
Any person violating the provisions of Sec-
tion 405 of this Article shall be guilty of a
misdemeanor, and upon conviction thereof, shall
be fined in a sum not less than $10 nor more
than $50, or by imprisonment in the County Jail
for a period not exceeding 30 days, or by both
such fine and imprisonment. (Added by Ord.
1.075, App. 10/11/38)
SEC. 411. UNLAWFUL POSSESSION OF
"KNOCKOUT DROPS."
No person shall have in his possession, with
intent to use for an unlawful purpose, any liquid,
drug or substance called or known as "knockout
drops," or any liquid, drug or substance of simi-
lar properties or any chloral hydrate, or any
solution, compound or mixture of chloral hy-
drate, or any liquid, drug, or substance of similar
properties, which when put in, mixed or com-
pounded with any beverage and drunk, causes or
tends to cause stupefaction or insensibility or
coma in the person drinking it. (Added by Ord.
1.075, App. 10/11/38)
197
Sec. 413. San Francisco - Police Code 198
[The next page is 205]
ARTICLE 6: FRAUD AND DECEIT
Sec. 445. Defrauding Gas or Electric
Company Prohibited.
Sec. 446. Evidence of Guilt.
Sec. 451. False Impersonation Prohibited.
Sec. 452. Fraudulent Misrepresentations
When Taking Civil Service
Examinations Unlawful.
Sec. 456. False Statements Relating to
Merchandise or Services
Prohibited — Penalty.
Sec. 457. Retail Stores Posting Refund
Policies; Penalties.
Sec. 458. Retail Establishments Required
to Issue Itemized Receipts for
Goods Purchases; Penalties;
Fines.
Sec. 461. Defrauding Telephone Company
Prohibited.
Sec. 462. Evidence.
SEC. 445. DEFRAUDING GAS OR
ELECTRIC COMPANY PROHIBITED.
Every person who, with intent to injure or
defraud, shall, in the City and County of San
Francisco, State of California, have in his pos-
session a machine, appliance, contrivance or
device of any character used or intended to be
used to prevent a gas or electric meter from
correctly registering the gas or electricity pass-
ing through it, or to divert gas or electricity that
should pass through it, is guilty of a misde-
meanor. (Added by Ord. 1.075, App. 10/11/38)
SEC. 446. EVIDENCE OF GUILT.
In all prosecutions for violation of Section
445 of this Article, proof that any of the acts
herein made unlawful was done upon the pre-
mises used or occupied by defendant charged
with any violation of Section 445 of this Article,
and that he received or would have the benefit of
any such gas or electricity without having to pay
therefor, shall be prima facie evidence of the
guilt of such defendant. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 451. FALSE IMPERSONATION
PROHIBITED.
It shall be unlawful for any person to falsely
impersonate, or represent himself to be a police
officer, deputy sheriff, deputy coroner, or mem-
ber of the Fire Department; or to wear the badge
of a police officer, deputy sheriff, deputy coroner,
or of a member of the Fire Department or to use
any signs, badges or devices used by the Police
Department, Sheriffs or Coroner's offices, or by
the Fire Department, unless he is authorized so
to do, and is a member of either of said depart-
ments or offices.
SEC. 452. FRAUDULENT
MISREPRESENTATIONS WHEN TAKING
CIVIL SERVICE EXAMINATIONS
UNLAWFUL.
It shall be unlawful for any person to imper-
sonate another person, or permit or aid in any
manner any other person to impersonate him in
connection with any civil service examination
conducted by the San Francisco Civil Service
Commission, or in connection with any applica-
tion for employment in the San Francisco mu-
nicipal service; or to wilfully and knowingly
make any false, incomplete or incorrect state-
ment of material fact in, or in connection with,
any application to participate in a civil service
examination for appointment in the San Fran-
cisco municipal service and, upon conviction
thereof, such person shall be punishable by a
fine of not more than $500, or by imprisonment
for a term not exceeding one year, or by both such
fine and imprisonment. (Added by Ord. 5431,
Series of 1939, App. 4/1/49)
SEC. 456. FALSE STATEMENTS
RELATING TO MERCHANDISE OR
SERVICES PROHIBITED— PENALTY.
Any person, firm or corporation, or any em-
ployee thereof, who shall in any newspaper,
205
Sec. 456.
San Francisco - Police Code
206
magazine, circular, form letter, or any open pub-
lication, published, distributed or circulated in
the City and County of San Francisco, or on any
billboard, sign, card, label, or other advertising
medium, or by means of any electric sign, win-
dow sign, show case display, or by any advertis-
ing device, or by public outcry or proclamation, to
or with a considerable number of persons, make
or disseminate, or cause to be made or dissemi-
nated, any statement or assertion of fact in
relation to, modifying, explaining, or in any
matter concerning any merchandise offered for
sale, barter or trade, or any services or offer of
employment, professional or otherwise, offered
to be furnished, which statement or assertion of
fact takes the form of or has the appearance of, or
which is intended to commend such merchandise
or services or employment, to the public or to a
considerable number of persons, and which state-
ment or assertion is untrue in any respect or
calculated to mislead or misinform, shall be
deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be punishable by a fine
of not less than $25, nor more than $500 or by
imprisonment for a term not exceeding 180 days,
or by both such fine and imprisonment. (Added
by Ord. 1.075, App. 10/11/38)
SEC. 457. RETAIL STORES POSTING
REFUND POLICIES; PENALTIES.
Every retail store which does not refund
cash, give credit, or allow equal exchanges when
proof of purchase is presented within seven days
of a retail sale of goods, shall conspicuously post
such policy on signs:
(a) Posted at each cash register and sales
counter, or;
(b) Posted at each public entrance, or;
(c) Attached to each item sold.
Such signs shall state what the store's policy
is, including but not limited to: whether cash
refund, store credit, or exchanges will be given;
applicable time periods; and the types of mer-
chandise which are covered by the policy.
This Section shall not apply to food, plants
and flowers, perishable goods, goods marked "as
is," final sale clearance goods, goods used or
damaged after purchase, goods not returned in
their original package, and goods which cannot
be resold due to health considerations.
Violation of this Section is an infraction.
Stores which violate the provisions of this
Section shall be liable to the buyer for a period
up to seven days from the date of purchase for
the amount of the purchase. (Added by Ord.
447-81, App. 8/27/81)
SEC. 458. RETAIL ESTABLISHMENTS
REQUIRED TO ISSUE ITEMIZED
RECEIPTS FOR GOODS PURCHASES;
PENALTIES; FINES.
(a) Construction and Application. This
Section shall be liberally construed and applied
to promote its underlying purpose which is to
protect consumers against unfair and deceptive
business practices.
(b) Definitions.
(1) "Goods" means tangible chattels sold for
use primarily for personal, family or household
purposes, including, but not limited to electron-
ics equipment, photographic equipment, com-
puter equipment, telephones, antiques and works
of art.
(2) "Person" means an individual, partner-
ship, corporation, limited liability company, as-
sociation, or other group, however organized.
(3) "Consumer" means an individual who
seeks or acquires or purchases any goods for
personal, family, or household purposes.
(c) Itemized Receipts Required.
(1) Every retail establishment in the City
and County of San Francisco shall provide the
consumer with a written or printed itemized
receipt or invoice for the sale of goods if the
purchase price of any one item exceeds $100.00.
(2) All written or printed receipts or in-
voices required by this Section shall include the
date of sale, the name and address of the seller,
and if the item being sold is electronic equipment
or photographic equipment, the manufacturer
and model of each such item sold. All written or
printed receipts or invoices required by this
Section shall also separately state each good or
item purchased, the total quantity of each good
207
Fraud and Deceit
Sec. 462.
or item purchased, the unit cost of each good or
item purchased or the cumulative costs of iden-
tical items purchased, the total costs of all goods
or items purchased, and any applicable taxes.
(3) The itemized receipt for any item sold or
represented to the consumer as an antique or
original piece of art must state that the item is
an antique or original piece of art.
(4) Any item or good that is not on the
itemized receipt is hereby deemed to have no
value if other items or goods, purchased at the
same time, are returned for exchange or refund.
(d) Consumer Action; Relief; Court Costs
and Attorney's Fees.
(1) Any consumer may bring an action
against a retail establishment that violates this
Section and for each transaction in violation of
this Section, may recover or obtain (a) $250 or
the total cost of goods purchased, whichever is
greater, (b) an order enjoining the violation, (c)
punitive damages, if the court determines that
the violation was wilful, and (d) any other relief
that the court deems proper.
(2) The court shall award court costs and
attorney's fees to a prevailing plaintiff in litiga-
tion filed under this Section.
(e) Penalties and Enforcement.
(1) Any person or employee or agent thereof
violating or failing to comply with this Section
shall be guilty of a misdemeanor and upon con-
viction, may be fined not more than $500 for the
first offense and $1,000 for each subsequent
offense, or by imprisonment in the County Jail
for not more than 6 months, or by both such fine
and imprisonment.
(2) In addition to the penalties and fines
provided by this Section, the City and County of
San Francisco may initiate a civil action against
any person to compel compliance or to enjoin
violations of this Section. In the event the City
and County of San Francisco prevails in any
such action, it may recover court costs and rea-
sonable attorney's fees. In addition, the court
shall award a civil penalty, not to exceed $1,000
or three times the total cost of the goods sold,
whichever is greater for each violation, if the
City proves that the violation occurred after the
City provided written warnings or notices of
such violations and the violations continued.
(f) Limitation of Actions. Any action
brought under this Section shall be commenced
not more than two years from the date of the
sale.
(g) Severability. If any part of this Section,
or the application thereof to any person or cir-
cumstances is held invalid, the remainder of this
Section, including the application of such part or
provision to other persons or circumstances shall
not be affected thereby and shall continue in full
force and effect. (Added by Ord. 61-00, File No.
992153, App. 4/14/2000)
SEC. 461. DEFRAUDING TELEPHONE
COMPANY PROHIBITED.
Every person who, with intent to injure or
defraud, shall in the City and County of San
Francisco, State of California, have in his pos-
session a machine, appliance, contrivance or
device of any character used or intended to be
used to prevent a telephone call registering ap-
paratus from correctly registering, or used or
intended to be used for the purpose of obtaining
a telephone connection with another telephone
station without depositing a five-cent piece in
the coin-collecting attachment or token in the
token-collecting attachment of any telephone in-
strument so equipped, is guilty of a misde-
meanor. (Added by Ord. 1.075, App. 10/11/38)
SEC. 462. EVIDENCE.
In all prosecutions for violation of Section
461 of this Article proof that any of the acts
herein made unlawful was done upon the pre-
mises used or occupied by defendant charged
with any violation of Section 461 of this Article,
and that he or any other person on the premises
would receive or would have the benefit of such
telephone connection or connections without hav-
ing to pay thereof, shall be prima facie evidence
of the guilt of such defendant. (Added by Ord.
1.075, App. 10/11/38)
Sec. 462. San Francisco - Police Code 208
[The next page is 215]
ARTICLE 7: ANIMALS AND BIRDS
Sec. 485. Trapping or Killing of Birds
Prohibited; Exception.
Sec. 485.1. Sterilization of Birds Prohibited;
Exceptions.
Sec. 486. Feeding Birds and Wild Animals
Prohibited.
Sec. 487. Reduction of Roosting and
Breeding Areas.
Sec. 488. Use of Steel-Jawed Traps
Prohibited.
Sec. 490. Regulating Riding of Horses in
Public Places.
SEC. 485. TRAPPING OR KILLING OF
BIRDS PROHIBITED; EXCEPTION.
It shall be unlawful for any person to trap,
capture, kill or otherwise destroy any wild bird
within the City and County of San Francisco,
except that pigeons and other wild birds which
become a nuisance or a hazard to public health
may be trapped or captured, in a humane man-
ner, by, or with the permission of, the Director of
Public Health.
It shall be the duty of the person who traps or
captures pigeons or birds pursuant to the fore-
going exception, to transport them in a humane
manner and release them in some remote area.
(Amended by Ord. 235-72, App. 8/21/72)
SEC. 485.1. STERILIZATION OF BIRDS
PROHIBITED; EXCEPTIONS.
It shall be unlawful for any person to sterilize
or cause the sterilization of any wild bird within
the City and County of San Francisco; provided,
however, that pigeons or other wild birds which
become a nuisance or a potential hazard to
public health may be sterilized by the use of
nontoxic sterilizants by or under the supervision
of the Director of Public Health. (Added by Ord.
235-72, App. 8/21/72)
SEC. 486. FEEDING BIRDS AND WILD
ANIMALS PROHIBITED.
It shall be unlawful for any person to feed or
offer food to any bird or wild animal in or on any
sidewalk, street or highway of the City and
County of San Francisco. It shall be unlawful to
feed or offer food to any Red Masked Parakeet in
any park of the City and County of San Fran-
cisco. (Added by Ord. 268-64, App. 10/2/64; Ord.
133-07, File No. 070467, App. 6/15/2007)
SEC. 487. REDUCTION OF ROOSTING
AND BREEDING AREAS.
The Director of Public Works is hereby au-
thorized and directed to develop a humane plan
to reduce the roosting and breeding areas for
pigeons in or on all public buildings of the City
and County and to work and cooperate in every
reasonable way with other public agencies and
private citizens toward the development of effec-
tive methods of reducing roosting and breeding
areas for pigeons in or on other public and
private buildings particularly in those areas where
there is a high population density. (Added by
Ord. 268-64, App. 10/2/64)
SEC. 488. USE OF STEEL-JAWED
TRAPS PROHIBITED.
It shall be unlawful for any person to set,
trigger, activate or otherwise use, or cause to be
set, triggered, activated or used any steel-jawed
animal leg-hold trap, except as provided in Cali-
fornia Health and Safety Code Section 1803.
(Added by Ord. 301-77, App. 7/8/77)
SEC. 490. REGULATING RIDING OF
HORSES IN PUBLIC PLACES.
(a) Use and Place Designated. No person
shall ride, drive or lead a horse unattached to a
vehicle, for any purpose other than in the pursuit
of a business or occupation, parade, show or
similar exhibition for which a permit has been
obtained under the provisions of this Code, in
any public place in the City and County of San
Francisco, except as hereinafter set forth in this
Section:
(1) Upon unoccupied portions of the public
beaches;
215
Supp. No. 9, June 2007
Sec. 490.
San Francisco - Police Code
216
(2) Upon bridle trails and other equestrian
paths designated for such purpose under the
provisions of the Charter and Municipal Code of
said City and County;
(3) Upon public roads, streets or highways
when necessarily used for the sole purpose of
entering or leaving such bridle trails, equestrian
paths, or public beaches;
(4) Upon public roads, streets or highways
when necessarily used in proceeding directly to
or from a parade, show or similar exhibition, as
hereinabove set forth, when engaged as a par-
ticipant therein.
(b) Manner of Use. No person shall ride,
drive or lead a horse as provided in Subdivision
(a) of this Section:
(1) At a pace faster than a slow canter when
passing any horse proceeding in the same direc-
tion, or at a pace faster than a walk when
passing any horse standing or proceeding in the
opposite direction;
(2) At a pace faster than a walk upon any
pavement or crossing;
(3) At a pace faster than is reasonable or
prudent having due regard for the traffic on, and
the surface and width of, the ground being tra-
versed, and in no event at a rate of speed which
endangers the safety of persons, animals or
property at any other time or place permitted in
this Section;
(4) While intoxicated.
(c) Two or More Riders. Two or more
persons shall not ride any such horse simulta-
neously.
(d) Necessary Control. Any police or deputy
animal control officer may demand custody of
any such horse in the event the person having
charge thereof fails or refuses to exercise control
necessary for the safety of such horse, rider or
any other person, animal or property. Such horse
so taken into custody may be returned to its
stable or impounded as if running at large.
Refusal of any such person to exercise such
control shall constitute a violation of this Sec-
tion.
(e) Enforcement. The Chief of Police and
deputy animal control officers duly appointed by
The San Francisco Department of Animal Care
and Control shall enforce the provisions of this
Section.
(f) Penalty. Each and every act which is a
violation of any of the provisions of this Section
shall be deemed a misdemeanor. (Added by Ord.
4157, Series of 1939, App. 11/20/46; amended by
Ord. 254-92, App. 8/7/92)
[The next page is 219]
Supp. No. 9, June 2007
ARTICLE 7.1: HORSE-DRAWN VEHICLES
Sec.
500.
Authority to Adopt This Article.
Sec.
500.1.
Authority to Issue Regulations.
Sec.
500.2.
Permits Required.
Sec.
500.3.
Permits; Exception.
Sec.
500.4.
Transfer of Permits.
Sec.
501.
Definitions.
Sec.
502.
Horse-Drawn Vehicle Business
Permit.
Sec.
502.5.
Driver Permits.
Sec.
503.
Permit Investigation, Hearing
and Issuance.
Sec.
503.5.
Expiration, Suspension and
Revocation of Permits.
Sec.
504.
Insurance Requirements.
Sec.
505.
Rules of Operation.
Sec.
506.
Vehicle Regulations.
Sec.
507.
Horse or Horse-Drawn Vehicle
Animal Regulations.
Sec.
507.a.
Department of Animal Care and
Control — Duties.
Sec.
508.
Punishment.
Sec.
509.
Severability.
SEC. 500. AUTHORITY TO ADOPT THIS
ARTICLE.
These horse-drawn vehicle rules and regula-
tions are adopted pursuant to the authority
granted in the Board of Supervisors of the City
and County of San Francisco. (Added by Ord.
238-98, App. 7/17/98)
SEC. 500.1. AUTHORITY TO ISSUE
REGULATIONS.
The Chief of Police has authority, after a
noticed public hearing, to adopt such rules and
regulations that do not conflict with this Article
to effect the purposes of this Article. (Added by
Ord. 238-98, App. 7/17/98)
SEC. 500.2. PERMITS REQUIRED.
(1) It shall be unlawful to operate, or cause
to be operated, a horse-drawn vehicle business
within the City and County of San Francisco
without first obtaining a permit from the San
Francisco Police Chief.
(2) It shall be unlawful to drive a horse-
drawn vehicle for hire within the City and County
of San Francisco without first obtaining a horse-
drawn vehicle driver's permit from the Chief of
Police.
(3) It shall be unlawful to operate, or cause
to be operated, any horse-drawn vehicle for hire
within the City and County of San Francisco
without first obtaining a permit, license, or con-
tract for a "stand" that is acceptable to the San
Francisco Police Chief. If the stand is on Port
property a permit must also be obtained from the
Port of San Francisco. (Added by Ord. 238-98,
App. 7/17/98)
SEC. 500.3. PERMITS; EXCEPTION.
The permit requirements of this Article shall
not apply to the use of horse-drawn vehicles for
an activity that requires an event permit from
the San Francisco Police Department, such as a
parade or itinerant show. The horse-drawn ve-
hicle used for such an event must meet insur-
ance requirements as described in this Article. If
the event occurs on Port property a permit to use
said property will also be required. (Added by
Ord. 238-98, App. 7/17/98; amended by Ord.
284-99, File No. 991587, App. 11/5/99)
SEC. 500.4. TRANSFER OF PERMITS.
Any and all permits issued pursuant to this
Article are not transferable. (Added by Ord.
238-98, App. 7/17/98)
SEC. 501. DEFINITIONS.
(1) Horse-Drawn Vehicle. Includes any
wagon, coach, omnibus or any vehicle powered in
whole or in part by a horse, mule, or other
animal.
219
Sec. 501.
San Francisco - Police Code
220
(2) For Hire or Business. Horse-drawn
vehicle service for consideration.
(3) Employee. Person who works for or
renders services to a horse-drawn vehicle for
hire.
(4) Driver or Operator. Person who drives
or operates a horse-drawn vehicle.
(5) Horse. A horse with a weight that ex-
ceeds 1,100 pounds.
(6) Qualified Veterinarian. A licensed vet-
erinarian who is an expert in the care of horses
and is agreed upon by both the operator and the
Department of Animal Care and Control.
(7) Stand. The portion of a curb lane, or
any private or public property location, used for
loading, unloading or waiting for passengers of
horse-drawn vehicles. A "stand" must be ap-
proved by the Chief of Police and other affected
City and County of San Francisco department or
agency.
(8) Applicant. If a sole proprietorship, any
person. If a partnership, each partner. If a cor-
poration, each director, corporate officer, and
stockholder owning ten percent (10%) or more of
the corporation's stock.
(9) Mechanical Evaluator. A mechanical
evaluator is a person who has expertise, through
training and/or on-the-job experience in the evalu-
ation of the structural safety of horse-drawn
vehicles.
(10) Qualified Trainer. A qualified trainer
is a person who has expertise through training
and/or on-the-job experience in horse-drawn ve-
hicle driving and the care of horse-drawn vehicle
animals.
(11) Special Event. A special event is an
occasion when a person requests the services of a
horse-drawn vehicle for a prearranged period of
time for a prearranged route that is not on the
regular route of the horse-drawn vehicle. (Added
by Ord. 238-98, App. 7/17/98; amended by Ord.
284-99, File No. 991587, App. 11/5/99)
SEC. 502. HORSE-DRAWN VEHICLE
BUSINESS PERMIT.
(a) Prior to applying for a horse-drawn ve-
hicle business permit, the applicant shall obtain:
(1) A San Francisco horse-drawn vehicle
business address;
(2) Evidence of a valid permit, license or
contract for use of a stand by the horse-drawn
vehicle business at a location acceptable to the
Chief of Police. The Chief of Police shall consider,
among other things, public safety, public health,
animal welfare and traffic issues in determining
whether a requested location is acceptable;
(3) A mechanical inspection report for each
vehicle. (Payment of the cost of inspection is the
responsibility of the applicant.) The inspection
report shall include the following:
(i) The mechanical evaluator's name, em-
ployer, business address and phone number,
(ii) The mechanical evaluator's relevant
training, experience, and professional license
numbers (if any), and
(iii) Date of inspection and inspection re-
sults, including the evaluator's conclusions re-
garding vehicle condition, safety concerns, and
maximum safe speed, weight and seating capac-
ity.
(4) A medical inspection report for each
animal, made by a qualified veterinarian. (Pay-
ment of the cost of inspection is the responsibil-
ity of the applicant.) The medical inspection
report shall include the following:
(i) The medical evaluator's name, employer,
business address and phone number,
(ii) The medical evaluator's relevant train-
ing, experience, and professional license num-
bers, and
(iii) Date of inspection and inspection re-
sults, including vaccination information, the
animal's general medical condition, identifica-
tion of any specific health issues, and the
evaluator's opinion as to whether the animal is
fit to power a fully loaded vehicle in City traffic.
(5) A training report, authored by the ani-
mal trainer or owner, containing the name of the
animal's trainer, the place and date of training,
221
Horse-Drawn Vehicles
Sec. 503.
the content of the training, and certification that
the animal is trained to safely power a fully
loaded vehicle of the type to be used in City
traffic. (Training costs are the responsibility of
the applicant.)
(b) The application for the horse-drawn ve-
hicle business permit shall be made in writing
and filed with the Chief of Police. The applicant
shall provide:
(1) Applicant's name(s), address(es), and tele-
phone number(s);
(2) The physical location of the stand;
(3) A description of each vehicle to be oper-
ated, including photographs and other identify-
ing information to distinguish each horse-drawn
vehicle from any other;
(4) The mechanical inspection report for
each vehicle;
(5) Identification of each animal used to
power the vehicle(s), including photographs, and
other identifying information sufficient to distin-
guish each animal from any other that the ap-
plicant intends to use;
(6) The medical evaluation report for each
animal;
(7) The training report for each animal;
(8) A detailed description of the route to be
followed by the horse-drawn vehicles. (Added by
Ord. 238-98, App. 7/17/98; amended by Ord.
284-99, File No. 991587, App. 11/5/99)
SEC. 502.5. DRIVER PERMITS.
It shall be unlawful for any person to act as a
driver of any horse-drawn vehicle for hire li-
censed pursuant to this Article unless that per-
son holds a driver's permit from the Chief of
Police issued pursuant to this Section.
(1) Application for a permit to drive a horse-
drawn vehicle shall be made to the Chief of
Police on a form provided by the Police Depart-
ment. The applicant shall pay to the City and
County of San Francisco a public passenger
vehicle (non-motorized) driver application and
license fee as prescribed in Sections 2.26 and
2.27 of the San Francisco Administrative Code.
The application shall include, but is not limited
to, the following information:
(a) Applicant's name, address, phone num-
ber, height, weight, eye color, date of birth, and
Social Security Number;
(b) Applicant's California driver's license
number, license class and driving restrictions.
The applicant shall provide a current copy of his
or her driving record from the Department of
Motor Vehicles;
(c) All criminal offenses for which the appli-
cant has been convicted, including the date and
disposition of the criminal matter;
(d) Three photographs of applicant's face,
frontal view, approximately two inches by two
inches in size, taken within one month of the
application;
(e) A complete set of applicant's finger-
prints taken by the San Francisco Police Depart-
ment;
(f) A document certifying that the applicant
has been trained in equine care and horse-
driving from a qualified trainer. The document
shall contain, but not be limited to, the training
received, dates and locations of training, trainer
identification, trainer's employer and trainer's
address, phone number, professional licenses (if
any), training and experience;
(g) Such other information as the Chief of
Police may deem necessary. (Added by Ord. 238-
98, App. 7/17/98; amended by Ord. 284-99, File
No. 991587, App. 11/5/99)
SEC. 503. PERMIT INVESTIGATION,
HEARING AND ISSUANCE.
The Chief of Police, upon receipt of an appli-
cation for a horse-drawn vehicle business or
driver's permit, shall make an investigation with-
out unnecessary delay, hear the application, and
grant such application unless he or she finds
that the applicant:
(1) Has been convicted, or pled "no contest"
or guilty, within the five-year period prior to the
date of application, of any serious felony, crime of
moral turpitude, or any crime related to animal
cruelty or endangerment;
Sec. 503.
San Francisco - Police Code
222
(2) Has falsified, caused to be falsified, or
encouraged falsification of, any statement or
document relevant to the permit application pro-
cess;
(3) Has been found responsible for animal
cruelty or endangerment in any criminal, civil,
or administrative proceeding;
(4) Does not have the necessary qualifica-
tions or does not meet the requirements to oper-
ate a horse-drawn vehicle business or drive a
horse-drawn vehicle, as applicable;
(5) Has previously violated the Rules of
Operation for the operation of a horse-drawn
vehicle business. (Added by Ord. 238-98, App.
7/17/98)
SEC. 503.5. EXPIRATION, SUSPENSION
AND REVOCATION OF PERMITS.
(1) The Chief of Police may suspend or
revoke for good cause, any Police Department-
issued permit held by the horse-drawn vehicle
business, or any horse-drawn vehicle driver, is-
sued pursuant to this Article. "Good cause" in-
cludes, but is not limited to, a Chief of Police
finding, after a noticed public hearing, that the
permit holder has engaged in any activity that
would be grounds for denial of a horse-drawn
vehicle business or driver's permit.
(2) Permits may be revoked or suspended if
the annual license fee is not paid to the San
Francisco City and County Tax Collector.
(3) Within 30 days of the renewal date for a
horse-drawn business permit, the permit holder
shall submit, to the Chief of Police, recertifica-
tion and reinspection reports for each animal
and vehicle as described in this Article.
(4) Port permits may be revoked at the
discretion of the San Francisco Port Commis-
sion. (Added by Ord. 238-98, App. 7/17/98)
SEC. 504. INSURANCE
REQUIREMENTS.
(1) It shall be unlawful for any person to
operate any horse-drawn vehicle business with-
out sufficient insurance, pursuant to the require-
ments set forth by the City's Risk Manager.
(a) Applicants shall file with the Chief of
Police, and thereafter keep in full force and
effect, an insurance policy acceptable to the
Chief of Police. The insurance policy shall cover
any and all damage claims arising out of the
horse-drawn vehicle operation, including but not
limited to all property damage and bodily injury.
(b) Any deductibles in policies shall not
exceed $1,000 for each occurrence. All policies
shall be endorsed to provide 30 days' advance
written notice to the City and County of San
Francisco of the cancellation, nonrenewal or re-
duction in coverage, mailed to the following
address:
City and County of San Francisco
San Francisco Police Permit Section
850 Bryant Street, Room 458
San Francisco, CA 94103
In the case of a stand on property under the
jurisdiction of the San Francisco Port Commis-
sion, the insurance policy shall name the City
and County of San Francisco, the San Francisco
Port Commission, its agents and its employers as
additional insured. (Added by Ord. 238-98, App.
7/17/98)
SEC. 505. RULES OF OPERATION.
(1) No horse-drawn vehicle for hire shall
operate in the City and County of San Francisco
unless the owner(s) and operator(s), as appli-
cable, have valid horse-drawn vehicle business
and driver's permits, current tax licenses and
stand contracts, licenses or permits. The horse-
drawn vehicle business vehicles and animals
shall meet all requirements of this Article.
(2) No horse-drawn vehicle for hire shall
operate in the City and County of San Francisco
unless the operator has within the vehicle the
operator's valid California driver's license and a
copy of the permits for the horse-drawn vehicle
business and driver.
(3) The operator shall, on the demand of
any peace officer, animal control officer, or their
agents, present copies of all required licenses
and permits.
(4) The horse-drawn vehicle business per-
mit holder, or his or her agent or employee, shall
supply information regarding the condition of
223
Horse-Drawn Vehicles
Sec. 505.
the business 1 vehicles and/or animals within one
business day when requested by a peace officer,
animal control officer, or their agents.
(5) All drivers, agents and employees of a
horse-drawn vehicle business shall comply with
all traffic and other laws adopted by the State of
California and/or the City and County of San
Francisco and all horse-drawn vehicle regula-
tions enacted by the Chief of Police.
(6) No person may sit in the driver's com-
partment area or position except the permitted
driver, and a trainee.
(7) No horse-drawn vehicle driver, agent or
employee shall have any firearm or illegal weapon
in any part of the horse-drawn vehicle or in his or
her possession while working.
(8) No horse-drawn vehicle driver, agent or
employee shall possess or control any alcoholic
beverage or illegal drug while near or respon-
sible for the horse-drawn vehicle, stand or ani-
mal.
(9) No driver shall operate any horse-drawn
vehicle, or handle any horse-drawn vehicle ani-
mal, after consumption of prescription or non-
prescription drugs or medication, if the effect of
that drug or medication limits or hinders, in any
way, the driver's ability to operate the horse-
drawn vehicle or to care for the animal.
(10) No owner, driver, agent or employee of
a horse-drawn business shall fail or refuse to
comply with a lawful order from any peace officer
or animal control officer.
(11) No person may solicit members of the
public for horse-drawn vehicle services except at
an authorized stand.
(12) Horse-drawn vehicles may load passen-
gers at stands, or at marked loading zones on
their approved routes if the passengers previ-
ously arranged with the horse-drawn vehicle for
pick-up at a particular time and location. Pas-
sengers may disembark at any location along the
horse-drawn vehicle's approved route. The driver
shall maintain personal and direct control of the
horse or animal by holding the reins while pas-
sengers are loading or unloading at any location.
(13) Drivers shall not unnecessarily stop or
wait at any location other than an authorized
stand, except to load or unload passengers along
their approved routes.
( 14) Any horse-drawn vehicle business owner,
driver, agent or employee, who finds the property
of another, shall return the property to its right-
ful possessor. If the rightful possessor is un-
known, the horse-drawn vehicle business shall
hold the property for no more than thirty (30)
days before delivering the property to a San
Francisco police officer.
(a) The horse-drawn vehicle business shall
keep a log of all found property. The log shall
include entries for the date and time the prop-
erty was found, a description of the property, and
disposition of the property.
(b) After the thirty (30) day period, any
unclaimed property shall be delivered to a San
Francisco police officer for safekeeping.
(c) Failure to safeguard found property may
subject the driver and/or horse-drawn vehicle
business to permit revocation proceedings.
(15) Every horse-drawn vehicle operator shall
keep an accurate and legible waybill. Waybills
shall be retained for at least one year at the
horse-drawn vehicle business address and be
available for review by any peace officer or his or
her agent during normal business hours. Way-
bills shall set forth, as a minimum, the following
information:
(a) Driver's name;
(b) Vehicle number;
(c) Date of waybill;
(d) Starting time for period covered by way-
bill;
(e) Origin and destination of each trip;
(f) Time of hire and discharge for each trip;
(g) Charges for each trip;
(h) Number of passengers for each trip;
(i) The identity of the horse used for each
trip.
(16) The driver must maintain control of
the horse or animal at all times and never leave
the horse-drawn vehicle unattended.
Sec. 505.
San Francisco - Police Code
224
( 1 7) The horse-drawn vehicle shall not block
or impede traffic at or near the stand when the
stand is occupied with another horse-drawn ve-
hicle.
(18) The horse-drawn vehicle business shall
operate horse-drawn vehicles at least seven (7)
days during any given calendar month, unless
weather precludes operation.
(19) The Chief of Police, or the Chiefs des-
ignee, has the authority to restrict or suspend
the operation of horse-drawn vehicles for any
situation that reasonably warrants the restric-
tion or suspension.
(20) For special events, if the horse-drawn
vehicle operator has a valid horse-drawn vehicle
business permit from the San Francisco Police
Department, the horse-drawn vehicle business
or driver must provide 24-hour notice to the
District Station of the time of the event and the
route to be taken. If the horse-drawn vehicle
operator does not have such a permit, the horse-
drawn vehicle business or driver must submit to
the Chief of Police two (2) weeks prior to the
event a proposed route for consideration and
approval.
(21) If a horse-drawn vehicle participates in
a special event that is not along the horse-drawn
vehicle's authorized route, the horse or animal
and vehicle must be transported by another,
appropriate vehicle(s) to and from the site of the
special event.
(22) The maximum number of passengers,
not including the driver or trainee, allowed to
ride in the carriage compartment area is six
persons. (Added by Ord. 238-98, App. 7/17/98;
amended by Ord. 284-99, File No. 991587, App.
11/5/99)
SEC. 506. VEHICLE REGULATIONS.
(1) Each horse-drawn vehicle shall be main-
tained in good working order and in a clean and
attractive manner.
(2) Each vehicle shall have the horse-drawn
vehicle business name and a number painted or
otherwise permanently affixed to the rear of the
vehicle in a clear and conspicuous manner. The
name and number shall be free of obstruction
and clearly visible and legible to the public.
(3) Each carriage shall have the relevant
hiring rates, and any other charges, posted in
clear and legible fashion on the exterior of both
sides of the vehicle.
(4) The passenger compartment of each ve-
hicle for hire shall have posted, without obstruc-
tion, the driver's permit and photograph.
(5) All vehicles shall be equipped with a
supply of complaint cards, approved by the Chief
of Police, and available to any passenger on
demand.
(6) All vehicles shall be equipped with a
device sufficient to catch horse excretion while
on public property, and on private property that
allows public access.
(7) No horse-drawn vehicle shall be used
primarily for advertising. Advertising must be
confined to a two feet by three feet area on the
back of the horse-drawn carriage.
(8) All vehicles shall comply with the equip-
ment standards set forth in Division 12 of the
California Vehicle Code.
(9) If it is reasonably determined that there
is a mechanical failure of the equipment or the
vehicle the Chief of Police or the Chiefs designee
may remove the horse-drawn vehicle from ser-
vice. The Chief of Police or the Chiefs designee
may seek the advice of a qualified professional. A
statement of findings must be provided from a
qualified professional and apprqyed by the Chief
of Police or the Chiefs designee prior to the
horse-drawn vehicle returning to service. All
expenses incurred are the responsibility of the
permit holder. (Added by Ord. 238-98, App. 7/17/
98; amended by Ord. 284-99, File No. 991587,
App. 11/5/99)
SEC. 507. HORSE OR HORSE-DRAWN
VEHICLE ANIMAL REGULATIONS.
(1) All horse-drawn vehicle animals shall
weigh over 1,100 pounds and be fit for the
purpose of powering a fully loaded horse-drawn
vehicle. To determine fitness, each horse-drawn
vehicle animal shall be examined every six months
225
Horse-Drawn Vehicles
Sec. 507.
by a qualified veterinarian, who shall issue a
report and send the report to both the Chief of
Police and the Director of Animal Care and
Control. The veterinarian report shall be made
on a form approved by the Chief of Police. The
report shall include, but is not limited to:
(i) The information required in Section
502.(4.)(a) of this Article;
(ii) Status of immunization, deworming and
dental work;
(iii) Farrier status;
(iv) Drug tests and pregnancy tests for mares;
(v) Results of any other test deemed pru-
dent by the veterinarian.
(2) The Chief of Police or the Chiefs desig-
nee may immediately suspend the use of any
horse-drawn vehicle animal and order a medical
evaluation or specific treatment for the animal
by a certified veterinarian. The Chief of Police or
the Chiefs designee may seek the advice of a
qualified professional. A statement of findings
must be provided from a certified veterinarian,
qualified in horse treatment and care, and ap-
proved by the Chief of Police or the Chiefs
Designee prior to the animal returning to ser-
vice. If the Department of Animal Care and
Control receives a complaint regarding the con-
dition or treatment of a horse-drawn vehicle
animal, the Director of Animal Care and Control
may have the horse examined by an Animal Care
and Control employee and/or a certified veteri-
narian at any time without notice. All costs
associated with medical tests, evaluations and
treatments are the responsibility of the permit
holder.
(3) No animal shall be used to power a
vehicle in the City and County of San Francisco
if the animal has an open sore or wound that
would affect the animal's comfort or soundness.
(4) No animal shall be used to power a
vehicle in the City and County of San Francisco
unless the animal has hoofs that are properly
shod and trimmed. Farrier records shall be kept
for each animal.
(5) No animal shall be used to power a
vehicle in the City and County of San Francisco
unless the animal is groomed daily and has a
healthy coat.
(6) No horse-drawn vehicle animal shall
work more than five (5) consecutive days in a
week or more than six (6) hours in any day or
twenty-four (24) hour period per the Carriage
Operators of North America's Rules of Opera-
tion. A horse-drawn vehicle animal shall have
water made available during the entire work
period.
(7) No horse-drawn vehicle animal shall
work more than eight hours per day without
being given water and rest for not less than two
cumulative hours during the entire work period.
Each horse-drawn vehicle animal shall be given
water and rest for not less than fifteen (15)
minutes during each working hour.
(8) All equipment used on the horse-drawn
vehicle animal must be approved by the Director
of Animal Care and Control or his or her desig-
nee prior to use. The equipment must be kept in
good repair at all times. Other than normal
blinders, no horse-drawn vehicle animal shall
work with equipment causing any vision impair-
ment. The harness shall be oiled and cleaned as
to be soft at all times. It also shall be fitted,
properly maintained, and free of makeshift con-
nections such as wire, cloth or tape, except if
emergency repair is necessary. No high port, long
shank, or twisted wire bits shall be used on any
horse-drawn vehicle animal.
(9) Whips may be used only in certain cases,
and not excessively, to control the animal. Whips
may not be used to inflict pain or suffering to any
horse-drawn vehicle animal.
(10) Whenever animals are housed on as-
phalt, concrete or other hard surfaces the floors
must be covered with rubber floor pads.
(11) Each horse-drawn vehicle animal shall
be required to work ninety percent of the time at
a walking gait, and no more than ten percent of
the time at a trotting gait. (Added by Ord.
238-98, App. 7/17/98; amended by Ord. 284-99,
File No. 991587, App. 11/5/99)
Sec. 507.a. San Francisco - Police Code 226
SEC. 507.a. DEPARTMENT OF ANIMAL
CARE AND CONTROL— DUTIES.
The Board of Supervisors calls on the Depart-
ment of Animal Care and Control to conduct
semiannual random visits to all horses engaged
in the operation of horse-drawn vehicles, and to
field inquiries from the public regarding the
treatment of such horses. (Added by Ord. 238-98,
App. 7/17/98)
SEC. 508. PUNISHMENT.
Any person who violates any provision(s) of
this Article is guilty of a misdemeanor, and upon
conviction shall be punished by fine not to exceed
$1,000, imprisonment not to exceed one year in
the County Jail, or by both such fine and impris-
onment. Any violation of this Article will also
subject all relevant permits or permit applica-
tion to revocation, suspension or denial. (Added
by Ord. 238-98, App. 7/17/98)
SEC. 509. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause, or phrase of this Article
or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the
remaining portions of this Article or any part
hereof. The Board of Supervisors hereby declares
that it would have passed each section, subsec-
tion, subdivision, paragraph, sentence, clause, or
phrase thereof irrespective of the fact that any
one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be
declared unconstitutional or invalid or ineffec-
tive. (Added by Ord. 238-98, App. 7/17/98)
[The next page is 235]
ARTICLE 8: MINORS
Sec. 510. Minors Frequenting Barrooms,
Billiard Parlors, Etc.,
Prohibited.
Sec. 510.1. Family Recreation Center —
Special Permit.
Sec. 515. Regulating Issuance of Books to
Minors by Circulating Libraries.
Sec. 516. Exceptions.
Sec. 527. Minors Under 16 Years Getting
On or Off Moving Vehicles
Prohibited.
Sec. 528. Penalty.
Sec. 533. Requiring Hotels, Motels, Auto
Courts, and Furnished
Apartment House Keepers to
Report Presence of a Minor.
Sec. 534. Penalty.
Sec. 539. Curfew Law.
Sec. 551. Minors Selling, Etc., Goods,
Etc., in Certain Places
Prohibited.
Sec. 552. Proprietor, Etc., Not to Permit
Such Minor to Enter, Etc.
Sec. 553. Exception.
Sec. 554. Prohibition of Sale of Aerosol
Paint to Minors.
Sec. 555. Sale of Permanent Markers To
Minors and Possession of
Permanent Markers By Minors
Without Supervision or
Authorization Prohibited.
SEC. 510. MINORS FREQUENTING
BARROOMS, BILLIARD PARLORS, ETC.,
PROHIBITED.
It shall be unlawful within the City and
County of San Francisco for any proprietor, keeper,
bartender, clerk or any other person having the
charge or control of any saloon, barroom, billiard
room or poolroom, or of any other public place, or
place open to public view, to permit any person
under the age of 18 years to play or engage in or
to be present at any game of billiards, pool or of
cards; and it shall likewise be unlawful for any
person under the age of 18 years to play or
engage in, or be present at any game of billiards,
pool, or of cards in any public place or place open
to public view within the City and County of San
Francisco. (Added by Ord. 1.075, App. 10/11/38)
SEC. 510.1. FAMILY RECREATION
CENTER— SPECIAL PERMIT.
Notwithstanding the provisions of Section
510 of this Article, the Chief of Police may, upon
written application thereof in such form and
containing such information as said Chief shall
require, issue a special permit allowing persons
under the age of 18 years to play or engage in a
game of billiards or pool or to be, remain in, or
frequent a billiard or pool room, to any person,
firm, corporation, association, or other legal en-
tity holding a valid billiard or pool or combina-
tion table license if the area to be available to
persons under the age of 18 years conform to the
following physical design:
(a) All billiard or pool tables made available
for the use of persons under the age of 18 years
at said place of business shall be located on the
street level of said place of business;
(b) All of said billiard or pool tables shall be
open to public view from the adjoining sidewalk
at all times said place of business is in operation;
(c) A specific area of said place of business is
designated and set aside as a family recreation
center for the exclusive use of patrons or guests
under the age of 18 years or for groups which
include patrons or guests under the age of 18
years and such area is separated from the re-
maining area of said place of business by a
partition to be approved by the Chief of Police;
provided, however, that no person under the age
of 15 years shall be permitted to play or engage
235
Sec. 510.1.
San Francisco - Police Code
236
in a game of billiards or pool, or to be, remain in
or frequent a billiard or pool room unless accom-
panied by parent or guardian.
In granting or denying a permit the Chief of
Police shall give particular consideration to the
peace, order and moral welfare of the public.
Nothing in this Section shall be taken or
deemed to authorize or approve any person un-
der the age of 18 years playing or engaging in a
game of billiards or pool or being, remaining in or
frequenting any billiard or pool room at any time
during normal school hours on school days or at
any other time prohibited by applicable law or
statute. (Added by Ord. 267-66, App. 11/3/66)
SEC. 515. REGULATING ISSUANCE OF
BOOKS TO MINORS BY CIRCULATING
LIBRARIES.
It shall be unlawful for any person, firm,
corporation or association owning, operating or
having charge of any circulating or lending li-
brary to lend or rent to any person under the age
of 21 years any book, magazine, pamphlet or
other printed matter, unless and until such mi-
nor shall have registered with such circulating
or lending library, and shall have received there-
from a membership card; provided, however,
that such membership card shall not be issued to
any person under the age of 21 years without the
consent of the parent or legal guardian of such
minor in writing, signed by such parent or legal
guardian in the presence of the Librarian in
charge of such Library. In case such minor has no
regularly appointed legal guardian in the City
and County of San Francisco, then such written
consent must in like manner be obtained from
the person who has the care or custody of said
minor. (Added by Ord. 1.075, App. 10/11/38)
SEC. 516. EXCEPTIONS.
The provisions of Section 515 of this Article
shall not apply to libraries maintained or oper-
ated by the United States, the State of Califor-
nia, the City and County of San Francisco, or any
non-profit, technical and reference libraries.
(Added by Ord. 1.075, App. 10/11/38)
Sec. 521.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 260-04, File No. 031932, App. 11/4/2004)
Sec. 522.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 260-04, File No. 031932, App. 11/4/2004)
SEC. 527. MINORS UNDER 16 YEARS
GETTING ON OR OFF MOVING
VEHICLES PROHIBITED.
It shall be unlawful for any minor, under the
age of 16 years, to get on, or attempt to get on, or
to get off, or attempt to get off, any street car,
train or street cars, wagon, truck or other ve-
hicle, which may be moving along any public
street. (Added by Ord. 1.075, App. 10/11/38)
SEC. 528. PENALTY.
Any minor under the age of 16 years who
shall violate any of the provisions of Section 527
of this Article shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be punished
by a fine not to exceed $50, or by imprisonment
in the County Jail for not more than one month,
or by both such fine and imprisonment. (Added
by Ord. 1.075, App. 10/11/38)
SEC. 533. REQUIRING HOTELS,
MOTELS, AUTO COURTS, AND
FURNISHED APARTMENT HOUSE
KEEPERS TO REPORT PRESENCE OF A
MINOR.
Each owner, agent, manager, or keeper of a
hotel, motel, auto court, furnished apartment
house, boarding house, lodging house, or tene-
ment house, shall immediately report to the
office of the Chief of Police of the City and
County of San Francisco, the presence therein of
any minor under the age of 18 years, unless such
minor is accompanied by the parent, guardian,
or other person having the care and custody of
such minor; or unless said minor is attending a
social event or other assemblage at which his
attendance has been expressly authorized by his
parents or legal guardian; or unless the presence
of said minor in said place or places is connected
with and required by some legitimate business,
237
Minors
Sec. 539.
trade, profession, or occupation, in which said
minor is engaged. (Amended by Ord. 10741,
Series of 1939, App. 12/12/57)
SEC. 534. PENALTY.
Any person, firm or corporation who shall
violate the provisions of Section 533 of this
Article shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be punished by a
fine of not less than $100 and not more than
$500, or by imprisonment in the County Jail for
not more than six months, or by both such fine
and imprisonment. (Added by Ord. 1.075, App.
10/11/38)
SEC. 539. CURFEW LAW.
(a) Findings. The Board of Supervisors finds
that a critical need exists for a juvenile curfew
ordinance. Minors under the age of 14 possess a
particular vulnerability to crime and harmful
influence under certain circumstances or when
not supervised or accompanied by a parent or
legal guardian at night; such minors often lack
the ability to make critical decisions in an in-
formed and mature manner when exposed to
nighttime influences. A curfew ordinance can
help to ensure that a minor's parent or legal
guardian is able to play an important role in the
minor's development and upbringing. Under ex-
isting State law, there are limited circumstances
under which a police officer can intervene to
assist a minor who is in danger or need of
assistance. In the absence of a curfew ordinance,
an officer does not have a clear guideline as to
whether or not he or she can detain a minor to
obtain assistance. Accordingly, the Board of Su-
pervisors finds that this juvenile curfew ordi-
nance is necessary. The ordinance is precisely
tailored to ensure the welfare of minors and to
promote and protect parents' ability to play a
role in their children's upbringing.
(b) Definitions. For the purposes of this
Section, the following definitions shall apply:
(1) Emancipated Minor. An emancipated
minor is a minor who has entered into a valid
marriage, is on active duty with any of the armed
forces, or has received a declaration of emanci-
pation, as more fully set forth in California
Family Code Sections 7000, et seq.
(2) Emergency Mission. An emergency mis-
sion is a venture to obtain medical, police, fire, or
other assistance that is required by some reason-
able necessity to which a minor must attend.
(3) Legitimate Employment. Legitimate
employment is any lawful source of employment
or self-employment in connection with a busi-
ness, trade, profession, or occupation.
(4) Express Parental Permission. Ex-
press parental permission is the verifiable per-
mission of a minor's parent or legal guardian for
the minor to be in or on any public street, public
park, or any other public place during the hours
of curfew set forth in Subdivision (c). When
stopped for a possible violation of Subdivision (c),
it shall be the minor's responsibility to demon-
strate that he or she has express parental per-
mission. The minor may satisfy this burden
equally through any means including, but not
limited to, signed and verifiable documentation
from a parent or legal guardian specifying the
date, time and purpose of permission or presen-
tation of a form developed and administered by
the Police Department. If a minor is unable to
demonstrate that he or she has express parental
permission and no other exception applies, the
minor may be transferred to the nearest district
police station. For minors who allege but are
unable to demonstrate express parental permis-
sion, the officer in custody of the minor at the
station immediately shall attempt to contact the
minor's parent or legal guardian to determine if
the minor has express parental permission. If
the officer determines that the minor has ex-
press parental permission and the minor is not
being held for any other charges, the minor
immediately shall be released and returned to
the place of initial detention as authorized by the
minor's parent or legal guardian. If the officer
does not determine that the minor has express
parental permission, the minor shall be deemed
to be in violation of Subdivision (c).
(5) Minor. A minor is any person under the
age of 14 years.
Sec. 539.
San Francisco - Police Code
238
(6) Other Public Place. Other public place
includes all other public or private property, in
addition to a public street or public park, that is
out of doors and immediately accessible by the
public in general, such as plazas, parking lots,
doorways, or accessways. Other public place shall
not include the residence of a minor or a minor's
relative or a street, sidewalk, or yard immedi-
ately adjacent to the residence.
(7) Parent or Legal Guardian. A parent
or legal guardian is a person or spouse of a
person who has the legal custody or care of a
particular minor. For purposes of Subdivision
(c)(1), parent or legal guardian also includes an
adult who is accompanying a minor with the
express permission of the minor's parent or legal
guardian.
(8) Public Park. Public park includes all
grounds, roadways, squares, recreation facili-
ties, and other property placed under the control,
management, and direction of the San Francisco
Recreation and Park Commission.
(9) Public Street. Public street includes
all public sidewalks, crosswalks, roadways, al-
leys, and intersections that are not immediately
adjacent to a minor's residence.
(10) Religious or Political Activity. A
religious or political activity includes, but is not
limited to, a rally, demonstration, march, vigil,
service, or distribution of information which has
as its primary focus political or religious pur-
poses.
(c) Violation. It shall be unlawful for any
minor to be in or on any public street, public
park, or any other public place between the
hours of 12:00 midnight and 5:00 a.m., except for
the following:
(1) When the minor is accompanied by a
parent or legal guardian, or when the minor is
present with one or more other minors, at least
one of which is accompanied by a parent or legal
guardian;
(2) When the presence of the minor in or on
any public street, public park, or any other
public place is connected with and required by
some legitimate employment in which the minor
is engaged;
(3) When the minor has express parental
permission;
(4) When the minor is an emancipated mi-
nor;
(5) When the minor is engaged in an emer-
gency mission; or
(6) When the minor is participating in a
religious or political activity.
(d) Procedure. When a minor is cited,
booked, detained, or arrested for the violation of
Subdivision (c) of this Section, the officer taking
such action shall follow the procedures estab-
lished by the San Francisco Police Department
for treating juveniles who have violated Califor-
nia Welfare and Institutions Code Section 601. If
a minor is arrested for violation of Subdivision
(c), the minor shall not be held in a secure
facility. When a minor is placed in custody for a
violation of Subdivision (c), the arresting officer
or other authorized personnel immediately shall
make every effort to notify the minor's parent or
legal guardian pursuant to procedures estab-
lished by the Police Department. If the minor's
parent or legal guardian cannot be contacted
after continued efforts, the minor shall be trans-
ferred to a receiving facility pursuant to Police
Department procedures. The arresting officer
shall forward to the Juvenile Probation Officer
at the Youth Guidance Center a copy of the
arrest report, setting forth the circumstances of
the arrest of the minor. If the parent or legal
guardian of any minor arrested for the violation
of Subdivision (c) of this Section appears at the
place where the minor is being detained pursu-
ant to Police Department procedures, the Officer
in charge shall release the minor to the minor's
parent or legal guardian. It shall be the duty of
the Juvenile Probation Officer handling the case
to cause to be issued and served upon the ar-
rested minor's parent or legal guardian a notice,
requiring the parent or legal guardian to appear
at a time and place to be specified in the notice,
pursuant to the procedures established by the
Juvenile Probation Department. Any person fail-
ing or neglecting to respond to any notice issued
and served pursuant to the provisions of this
subdivision shall be guilty of a misdemeanor.
239
Minors
Sec. 555.
(e) Duty to Prosecute. It shall be the duty
of the District Attorney to prosecute any person
failing to respond to any notice issued pursuant
to Subdivision (c). (Amended by Ord. 6770, Se-
ries of 1939, App. 6/12/51; Ord. 147-90, Eff.
4/30/90)
SEC. 551. MINORS SELLING, ETC.,
GOODS, ETC., IN CERTAIN PLACES
PROHIBITED.
No minor under the age of 18 years shall, for
the purpose of selling, disposing of or offering for
sale or disposal any goods, wares or merchandise
or for the purpose of rendering any service to any
person on or about said premises, enter any
place or premises wherein alcoholic beverages
are sold or dispensed for consumption at or upon
said place or premises. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 552. PROPRIETOR, ETC., NOT TO
PERMIT SUCH MINOR TO ENTER, ETC.
It shall be unlawful for the proprietor or
other persons in charge of the place or premises
referred to in Section 551 of this Article to permit
a minor under the age of 18 years to enter said
place or premises, or to remain therein, for the
purpose of selling, or offering for sale any goods,
wares or merchandise or for the purpose of
rendering any service to any person in or about
said premises. (Added by Ord. 1.075, App. 10/11/
38)
SEC. 553. EXCEPTION.
The provisions of Sections 551 and 552 of this
Article shall not apply to the sale, by minors
under the age of 18 years, of goods, wares or
merchandise, other than alcoholic beverages, at
baseball games, football games and other like
gatherings, where the sale or dispensing of alco-
holic beverages for consumption upon the place
or premises is only incidental to the exhibition or
venture carried on or engaged in. (Added by Ord.
1.075, App. 10/11/38)
SEC. 554. PROHIBITION OF SALE OF
AEROSOL PAINT TO MINORS.
It shall be unlawful:
(a) For any person, firm or corporation, ex-
cept a parent or legal guardian, to sell, exchange,
give or loan to any minor under the age of 18
years, any aerosol container six ounces or less
(net weight of contents) containing any sub-
stance commonly known as paint, or containing
any other opaque liquid capable of being pro-
pelled by the aerosol container.
(b) For any person under the age of 18 years
to have in his or her possession any aerosol
container six ounces or less (net weight of con-
tents) containing any substance commonly known
as paint, or containing any other opaque liquid
capable of being propelled by the aerosol con-
tainer while upon public property or upon pri-
vate property without the consent of the owner of
such private property. (Added by Ord. 12-86,
App. 1/17/86)
SEC. 555. SALE OF PERMANENT
MARKERS TO MINORS AND
POSSESSION OF PERMANENT
MARKERS BY MINORS WITHOUT
SUPERVISION OR AUTHORIZATION
PROHIBITED.
(a) Sale to Minors Prohibited. It shall be
unlawful for any person, firm or corporation,
except a parent or legal guardian, to sell, ex-
change, give, loan or in any way furnish to any
person under the age of 18 years any marker
with a nib (marking tip) one-half inch or more at
its largest dimension and that is capable of
defacing property with permanent, indelible, or
water proof ink, paint or other liquid.
(b) Possession by Minors Without Su-
pervision or Authorization Prohibited. It
shall be unlawful for any person under the age of
18 years to have in his or her possession any
permanent marker with a nib (marking tip)
one-half inch or more at its largest dimension
and that is capable of defacing property with
permanent, indelible, or waterproof ink, paint or
other liquid while: (i) upon public property, un-
less the minor is using the marker under the
supervision of a teacher, parent or guardian, or
(ii) upon private property without the consent of
the owner of such private property. (Amended by
Ord. 299-86, App. 7/11/86)
Sec. 555. San Francisco - Police Code 240
Sec. 556.
(Added by Ord. 136-88, App. 3/24/88; repealed by
Ord. 260-04, File No. 031932, App. 11/4/2004)
Sec. 557.
(Added by Ord. 213-88, App. 5/25/88; repealed by
Ord. 260-04, File No. 031932, App. 11/4/2004)
[The next page is 253]
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
Sec. 585. Hitching Animals to or Injuring
Lampposts, Hydrants, Etc.,
Prohibited.
Sec. 602. Sale or Possession of Sling
Shots or Toys Projecting
Missiles by Air or Gas
Prohibited.
Sec. 603. Findings.
Sec. 603.1. Regulations in the Use of Water.
Sec. 603.2. Removal of Flow Restricting
Device.
Sec. 603.3. Tampering With Water Meter.
Sec. 603.4. Enforcement by Water
Department Employees.
Sec. 603.5. Violation.
Sec. 603.6. Effective Period.
Sec. 605. Prohibiting Sale or Purchase of
Lock-Opening Devices.
Sec. 607. Possession of Sling Shots or
Metal Knuckles Prohibited.
Sec. 608. Prohibiting Sale of Darts and
Similar Weapons to Minors.
Sec. 609. Prohibiting Possession of and
Purchase by Minors of Darts
and Similar Weapons.
Sec. 613. Regulating Sale of Firearms.
Sec. 613.1. Definitions.
Sec. 613.2. Application Form and
Background Check
Requirements.
Sec. 613.3. Denial of License.
Sec. 613.4. Referral of Application to Other
Departments.
Sec. 613.5. Public Hearing Before Issuance
of License.
Sec. 613.6. Form of License.
Sec. 613.7. Duration and Renewal of
Licenses.
Sec. 613.8. Nonassignability of License.
Sec. 613.9. Security.
Sec. 613.10.
Sec. 613.10-1
Sec. 613.10-2.
Sec. 613.10-3,
Sec. 613.11.
Sec. 613.12.
Sec. 613.13.
Sec. 613.14.
Sec. 613.15.
Sec. 613.16.
Sec. 613.17.
Sec. 613.18.
Sec. 613.19.
Sec. 613.20.
Sec. 614.
Sec. 615.
Sec. 616.
Sec. 617.
Sec. 622.
Sec. 623.
Sec. 628.
Sec. 630.
License — Conditions.
Sale or Transfer of 50 Caliber
Firearms and Cartridges
Restricted.
Sale of Ultracompact Firearms
Restricted.
Persons Prohibited from
Purchasing Firearms Not
Permitted on Licensees 1
Premises.
License — Grounds for
Revocation.
Hearing on License Denial or
Revocation.
License — Liability Insurance.
License — Authority to Inspect.
Compliance by Existing Dealers.
Temporary Suspension of
License.
Delivery to Tax Collector.
Rules and Regulations.
Penalties.
Severability.
Exceptions.
Records of Ammunition Sales.
Reporting the Loss or Theft of
Firearms.
Prohibition Against Possession
or Sale of Firearms or
Ammunition on Property
Controlled by the City and
County of San Francisco.
Regulations to be Observed at
Fires.
Public to Remain Outside Lines.
Coercion of Laborers For
Political Purposes Prohibited.
Unauthorized Removal of
Newspapers Prohibited.
253
Supp. No. 10, July/August 2007
San Francisco - Police Code
254
Sec. 633. Requiring Damaged Traffic
Standards to be Reported to
Chief of Police.
Sec. 635. City and County Buildings and
Grounds; Violations of Rules
and Regulations Relating
Thereto Prohibited.
Sec.
636.
Security Requirements New
Construction.
Sec.
636.1.
Security Requirements Group H
Occupancy Buildings.
Sec.
636.2.
Security Requirements Exterior
Doors.
Sec.
636.3.
Penalties.
Sec.
636.4.
Enforcement Authority.
Sec.
636.5.
Retroactive Provisions.
Sec.
638.
Interference With Fire, Etc.,
Telegraph Systems Prohibited.
Sec.
639.
Making False Alarms
Prohibited.
Sec.
640.
Reward.
Sec.
641.
Payment.
Sec.
642.
Ineligible Persons.
Sec.
643.
Publication of Offer.
Sec.
644.
The Use, Sale or Possession of
Balloons Inflated With
Inflammable or Explosive Gases
Prohibited.
Sec. 645. Abandoning Refrigerator
Equipped With Locking Devices
Prohibited.
Sec. 646. Penalty.
Sec. 647. Unauthorized Removal of
Shopping Carts; Notice,
Exceptions.
Sec. 648. Automatic Calling Devices — Use
of Regulated.
Sec. 649. Application for Permission to
Install.
SEC. 585. HITCHING ANIMALS TO OR
INJURING LAMPPOSTS, HYDRANTS,
ETC., PROHIBITED.
It shall be unlawful for any person to hitch or
fasten any animal to, or to place any placard or
notice upon, or in anywise to injure any lamp
post or hydrant, or any growing tree, upon any
public street, or, without authority, to extinguish
any public light. (Added by Ord. 1.075, App.
10/11/38)
SEC. 602. SALE OR POSSESSION OF
SLING SHOTS OR TOYS PROJECTING
MISSILES BY AIR OR GAS PROHIBITED.
It shall be unlawful for any person, except for
a peace officer authorized under California Penal
Code Section 12600, to buy, sell, offer or expose
for sale, barter or exchange, have in his posses-
sion or use any sling shot.
It shall also be unlawful for any person to
buy, sell, offer or expose for sale, barter or
exchange, have in his possession or use any toy
by which, whether used singly or in combination
of units, missiles may be projected by force or
compressed air, carbon dioxide, or any other
chemical, gas, or other element, or combined
thereof. Nothing in this section is intended to be
inconsistent with Government Code Section
53071.5 or any successor statute regulating imi-
tation firearms, BB guns or air rifles. (Amended
by Ord. 4782, Series of 1939, App. 1/6/48; Ord.
260-04, File No. 031932, App. 11/4/2004)
SEC. 603. FINDINGS.
Whereas, the Public Utilities Commission on
March 22, 1977 has adopted a mandatory water
conservation and rationing plan relating to the
use of water from the San Francisco Water
Department, this Board of Supervisors hereby
declares that a water shortage condition prevails
in the City and County of San Francisco due to
conditions prevailing throughout the State of
California and intends herewith to prohibit the
usage of water which is wasteful during such
water shortage condition to the end that suffi-
cient water will be available for human consump-
tion, sanitation and fire protection.
The specific uses prohibited in Section 603.1
are nonessential, and if allowed would constitute
a wastage of water. (Added by Ord. 221-77, App.
6/9/77)
Supp. No. 10, July/August 2007
254.1 Miscellaneous Conduct Regulations Sec. 603.1.
SEC. 603.1. REGULATIONS IN THE USE
OF WATER.
It shall be unlawful for any person, firm,
association, corporation, partnership or organi-
Supp. No. 10, July/August 2007
[INTENTIONALLY LEFT BLANK]
Supp. No. 10, July/August 2007
255
Miscellaneous Conduct Regulations
Sec. 605.
zation of any kind, with respect to water pro-
vided directly from the San Francisco Water
Department through its facilities to:
(a) Use a hose to wash motor vehicles, trail-
ers, or boats except that automobiles and buses
may be washed in commercial or fleet washing
facilities using a water recycling system.
(b) Use a hose to wash a building or struc-
ture or any part thereof.
(c) Fill with water any existing or new swim-
ming pool except that water may be added to
existing swimming pools in order to maintain
normal levels and to replace evaporation.
(d) Clean or wash sidewalks, driveways,
patios, parking lots, tennis courts, athletic fields
covered with artificial surfaces and other hard-
surfaced areas with water from hoses or by use of
water directly from faucets or other water out-
lets.
(e) Use water in such a manner which re-
sults in flooding or runoff in gutters, driveways
or streets.
(f) Use water to clean, fill or maintain water
levels in decorative fountains.
(g) Serve water to a customer in a restau-
rant unless specifically requested by such cus-
tomer. (Added by Ord. 221-77, App. 6/9/77)
SEC. 603.2. REMOVAL OF FLOW
RESTRICTING DEVICE.
No person, firm, association, corporation, part-
nership or organization of any kind shall remove
any water flow restricting device installed by the
San Francisco Water Department to control wa-
ter use in excess of allotment on a customer
service line. (Added by Ord. 221-77, App. 6/9/77)
SEC. 603.3. TAMPERING WITH WATER
METER.
No person, firm, association, corporation, part-
nership or organization of any kind shall tamper
with, or alter in any manner a water meter or the
water service line which connects a water main
to a water meter of the San Francisco Water
Department. (Added by Ord. 221-77, App. 6/9/77)
SEC. 603.4. ENFORCEMENT BY WATER
DEPARTMENT EMPLOYEES.
Pursuant to Section 836.5 of the Penal Code,
San Francisco Water Department employees in
the civil service classification of District Water
Serviceman (Water Service Inspector) and Se-
nior District Water Serviceman (Senior Water
Service Inspector) shall have the duty to enforce
Sections 603.1, 603.2 and 603.3 of the Article and
are hereby authorized and empowered to arrest
any person, firm, association, corporation, part-
nership or organization of any kind for violations
of such sections of the Article. (Added by Ord.
221-77, App. 6/9/77)
SEC. 603.5. VIOLATION.
(a) Any person, firm, association, corpora-
tion, partnership or organization of any kind
who shall violate any of the provisions of Section
603.1 of this Article shall be guilty of a misde-
meanor and upon conviction thereof shall be
punished as follows:
Violation Penalty
First violation $ 25.00
Second violation 50.00
Third violation and subsequent
violations within a six-month
period 100.00
(b) Any person, firm, association, corpora-
tion, partnership or organization of any kind
who shall violate Sections 603.2 or 603.3 of this
Article shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a
fine of not more than $100. (Added by Ord.
221-77, App. 6/9/77)
SEC. 603.6. EFFECTIVE PERIOD.
The provisions of Sections 603.1, 603.2, 603.3
and 603.5 of this Article shall cease to be in full
force and effect upon the cancellation by Public
Utilities Commission of the mandatory water
conservation plan adopted on March 22, 1977 by
Resolution No. 77-0136. (Added by Ord. 221-77,
App. 6/9/77)
SEC. 605. PROHIBITING SALE OR
PURCHASE OF LOCK-OPENING
DEVICES.
(a) No person, corporation or business shall
sell, deliver or otherwise transfer, or offer for
sale, delivery or transfer, any picklock, crow,
Sec. 605.
San Francisco - Police Code
256
keybit, or other such instrument or tool designed
to open, break into, tamper with or damage any
lock, knowing or having reason to believe that it
is intended to be used to break or enter into any
building, structure or vehicle or to commit any
other unlawful act.
(b) No person, corporation or business shall
buy or otherwise receive any picklock, crow,
keybit, or other such instrument or tool designed
to open, break into, tamper with or damage any
lock, with the intent to use the same to break
into or enter into any building, structure or
vehicle or to commit any other unlawful act.
(c) Nothing in this Section shall prohibit
the sale, delivery or transfer of any item pro-
scribed in Subdivision (a) by any person, corpo-
ration or business lawfully engaged in the sale,
manufacture or servicing of security products in
the City and County of San Francisco.
(d) Nothing in this Section shall prohibit
the purchase or receipt of any item proscribed in
Subdivision (b) by any:
(i) Peace officer;
(ii) Local, state or federal government em-
ployee;
(iii) Person, corporation or business law-
fully engaged in the sale, manufacture or servic-
ing of security products in the City and County of
San Francisco (including, but not limited to,
locksmiths or alarm installers); or
(iv) Person, corporation or business who
demonstrates a lawful reason for the use of said
items in its profession.
(e) Any person, corporation or business sell-
ing, delivering or transferring, pursuant to Sub-
division (c) of this Section, any item specified in
Subdivision (a), shall obtain, on a form to be
approved by the Chief of Police, together with
the date of the purchase and the signature of the
purchaser, the purchaser's:
(i) Name;
(ii) Address;
(iii) Phone number;
(iv) Driver's license or identification num-
ber, if any; and,
(v) A list of the items purchased.
A copy of each such order shall be retained by
the seller for a period of one year, and shall be
open to inspection by any peace officer during
business hours.
(f) Any person, corporation or business who
violates any provision of this Section is guilty of
an infraction. (Added by Ord. 486-83, App. 9/29/
83)
SEC. 607. POSSESSION OF SLING
SHOTS OR METAL KNUCKLES
PROHIBITED.
It shall be unlawful for any person, firm or
corporation to buy, sell, offer or expose for sale,
barter, exchange, use or have the possession of
any sling shot or metal knuckles. (Added by Ord.
1.075, App. 10/11/38)
SEC. 608. PROHIBITING SALE OF
DARTS AND SIMILAR WEAPONS TO
MINORS.
It shall be unlawful for any person to sell,
offer for sale, barter or exchange, or suffer,
permit, authorize or allow any sale, barter or
exchange, to minors under the age of 16 years of
any darts or other pointed missile type weapons
intended to be thrown by hand. (Added by Ord.
218-58, App. 4/23/58)
SEC. 609. PROHIBITING POSSESSION
OF AND PURCHASE BY MINORS OF
DARTS AND SIMILAR WEAPONS.
It shall be unlawful for any minor under the
age of 16 years to purchase, buy, or possess any
darts or other pointed missile type weapons
intended to be thrown by hand.
Nothing in this Section shall prohibit the
possession of dart games or similar type games
in the home or by owners and operators of places
of public amusement. (Added by Ord. 218-58,
App. 4/23/58)
Sees. 610 through 610.8.
(Added by Ord. 175-68, App. 7/2/68; repealed by
Ord. 329-00, File No. 001924, App. 12/28/2000)
257
Miscellaneous Conduct Regulations
Sec. 613.2.
SEC. 613. REGULATING SALE OF
FIREARMS.
It shall be unlawful for any person, firm,
corporation or dealer engaging in the business of
selling, leasing or otherwise transferring any
firearm, firearms ammunition, or firearms am-
munition component to sell, lease or otherwise
transfer any firearm, firearms ammunition or
firearms ammunition component without first
having obtained a license from the San Francisco
Police Department. The Department shall make
available application forms requiring applicants
to provide the information set forth in Section
613.2, and shall collect a nonrefundable applica-
tion fee from each applicant.
The Chief of Police shall recommend to the
Board of Supervisors, on or before April 1, 1994,
a fee which shall be sufficient to recover all costs
associated with regulating the sale of firearms
under this Article, including but not limited to,
processing applications, monitoring licensees, and
enforcing the provisions of this Article. The fee
shall be set by the Board of Supervisors. (Amended
by Ord. 407-86, App. 10/3/86; Ord. 91-94, App.
2/25/94; Ord. 290-95, App. 9/1/95; Ord. 260-04,
File No. 031932, App. 11/4/2004)
SEC. 613.1. DEFINITIONS.*
(a) "Firearm" shall mean any device, de-
signed to be used as a weapon or modified to be
used as a weapon, that expels a projectile by the
force of an explosion or other form of combustion.
(b) "Firearm ammunition" shall mean any
cartridge or encasement containing a bullet or
projectile, propellent or explosive charge, and a
primer which is used in the operation of a
firearm.
(c) "Firearm ammunition component" shall
mean any cartridge or encasement, bullet or
projectile, primer or propellent or explosive ma-
terial used in the manufacture of ammunition.
(d) "Firearm capable of being concealed upon
the person" shall mean any such firearm as
defined in California Penal Code Section 12001(a).
(e) "Transfer" shall include, but shall not be
limited to, the redemption of a pawned or pledged
firearm by any individual including the indi-
vidual who pawned or pledged the firearm.
(f) "Ultracompact firearm" shall mean any
pistol, revolver, handgun or other firearm that is
6.75 inches or less in length or 4.5 inches or less
in height, measured with the magazine de-
tached, but shall not include any such firearm
that is an unsafe handgun defined by Section
12126 of the California Penal Code. (Added by
Ord. 91-94, App. 2/25/94; amended by Ord. 225-
96, App. 6/7/96; Ord. 283-96, App. 7/3/96; Ord.
131-99, File No. 990493, App. 5/28/99; Ord. 62-
00, File No. 000197, App. 4/14/2000; Ord. 242-00,
File No. 000950, App. 10/27/2000; Ord. 260-04,
File No. 031932, App. 11/4/2004)
^Editor's Note:
The provisions of Ord. 283-96 took effect on Janu-
ary I, 1997.
SEC. 613.2. APPLICATION FORM AND
BACKGROUND CHECK REQUIREMENTS.
(a) The application for a license to engage in
the business of selling, leasing or otherwise
transferring any firearm, firearms ammunition,
or firearms ammunition component shall be signed
under penalty of perjury and shall set forth:
(1) The name, age and address of the appli-
cant, as well as the name, age and address of all
persons who will have access to or control of
workplace firearms, firearm ammunition, or fire-
arm ammunition components, including but not
limited to, the applicant's employees, agents and
or supervisors, if any;
(2) The address of the location for which the
license is required, together with the business
name of such location, if any;
(3) All convictions of the applicant for any of
the offenses listed in Section 613.3(e);
(4) All information relating to licenses or
permits relating to firearms or other weapons
sought by the applicant from other jurisdictions,
including, but not limited to date of application
and whether each such application resulted in
issuance of a license;
Sec. 613.2.
San Francisco - Police Code
258
(5) All information relating to revocations
of licenses or permits relating to firearms, includ-
ing but not limited to date and circumstances of
revocation;
(6) Applicant's agreement to indemnify, de-
fend, and hold harmless the City, its officers,
agents, and employees, from and against any
and all claims, losses, costs, damages and liabili-
ties of any kind, arising in any manner out of the
applicant's negligence or intentional or wilful
misconduct;
(7) Applicant's understanding that the City
shall have the right to enter the building desig-
nated in the license from time to time during
regular business hours to make reasonable in-
spections and to investigate and enforce compli-
ance with building, mechanical, fire, electrical,
plumbing, or health regulations, provisions of
this Article, and all other applicable federal,
state, and local laws.
(b) Each application must be accompanied
by evidence that the applicant has satisfied the
insurance requirements stated in Section 613.13
of this Article.
(c) All persons listed on the application form
as having access to, or control of, workplace
firearms, firearm ammunition, or firearm ammu-
nition components shall obtain a certificate of
eligibility under Penal Code Section 12071 from
the state Department of Justice. A copy of the
certificate of eligibility for each such person shall
be submitted with the application.
(d) The Chief of Police shall conduct a crimi-
nal history background check on the applicant
and on all other persons listed on the application
form as having access to, or control of, workplace
firearms, firearm ammunition, or firearm ammu-
nition components, including but not limited to,
the applicant's employees, agents and/or super-
visors, if any, and shall determine whether such
persons have been convicted of any offenses
described in subsection (e) of Section 613.3, or
are among the persons described in subsections
(f) or (g) of Section 613.3. Where the Chief of
Police determines that one or more of the appli-
cants, employees, agents or supervisors have
been convicted of an offense described in subsec-
tion (e) of Section 613.3, or are among the per-
sons described in subsections (f) or (g) of Section
613.3, the applicant shall have 21 days from the
mailing of written notification from the Chief of
Police to provide evidence in a form acceptable to
the Chief of Police that such persons have been
removed or reassigned so that they no longer
have access to or control of workplace firearms,
firearm ammunition, or firearm ammunition com-
ponents. In the event that an applicant fails to
comply with this subsection, the Chief of Police
shall deny the license.
(e) As used in this Section, the term "appli-
cant" when the applicant is other than a natural
person shall include any officer, director, em-
ployee or agent of the applicant who has access
to, or control of, workplace firearms, firearm
ammunition, or firearm ammunition compo-
nents. (Amended by Ord. 407-86, App. 10/3/86;
Ord. 91-94, App. 2/25/94; Ord. 260-04, File No.
031932, App. 11/4/2004)
SEC. 613.3. DENIAL OF LICENSE.
The Chief of Police shall deny the issuance or
renewal of a license when any of the following
conditions exist:
(a) The applicant is under the age of 21
years.
(b) The applicant is not licensed as required
by all applicable federal, State and local laws.
(c) The applicant has had a firearms license
previously revoked or denied for good cause
within the immediately preceding two years.
(d) The applicant has made a false or mis-
leading statement of a material fact, or omission
of a material fact, in the application for a license.
If a license is denied on this ground, the appli-
cant shall be prohibited from reapplying for a
license for a period of two years.
(e) The applicant has been convicted of:
(1) Any offense so as to disqualify the appli-
cant from owning or possessing a firearm under
applicable federal, State, and local laws, includ-
ing but not limited to the offenses listed in
California Penal Code Section 12021;
259
Miscellaneous Conduct Regulations
Sec. 613.5.
(2) Any offense relating to the manufacture,
sale, possession, use, or registration of any fire-
arm or dangerous or deadly weapon;
(3) Any offense involving the use of force or
violence upon the person of another;
(4) Any offense involving theft, fraud, dis-
honesty, or deceit, including but not limited to
any of the offenses listed in Title 7 (Crimes
Against Public Justice) and title 13, Chapters 4
(Forgery and Counterfeiting), 5 (Larceny), 6 (Em-
bezzlement), 7 (Extortion), 8 (False Person-
ation), 13 and 14 (Fraud) of the California Penal
Code;
(5) Any offense involving the manufacture,
sale, possession or use of any controlled sub-
stance as defined by the California Health and
Safety Code as said definition now reads or may
hereafter be amended to read.
(f) The applicant is within the classes of
persons defined in California Welfare and Insti-
tutions Code Sections 8100 or 8103.
(g) The applicant is (1) currently, or has
been within the past two years, an unlawful user
of any controlled substance as defined by the
California Health and Safety Code as said defi-
nition now reads or may hereafter be amended to
read; or (2) an excessive user of alcohol, to the
extent that such use would impair his or her
fitness to be a dealer in firearms.
(h) The operation of the business as pro-
posed would not comply with all applicable fed-
eral, State, and local laws.
(i) The applicant, or an officer, employee, or
agent thereof, proposes to operate in the follow-
ing locations:
(1) Within any RH, RM, RC, NC or RED
zoning district, or within 1,000 feet of the exte-
rior limits of any such district;
(2) Within 1,000 feet of a public or private
day care center or day care home, or within 1,000
feet of any elementary, junior high or high school
whether public or private;
(3) On or within 1,500 feet of the exterior
limits of any other premises used as a place of
business by a dealer in firearms;
(4) Within 1,000 feet of a community center,
church, neighborhood center, recreational center,
whether public or private, where regularly sched-
uled activities are conducted for people under 18
years of age.
(j) The applicant, or an officer, employee or
agent thereof does not have, and/or cannot pro-
vide evidence of a possessory interest in the
property at which the proposed business will be
conducted.
(k) Any other ground for denial exists under
any applicable provision of federal, State or local
law.
(1) The applicant fails to comply with the
requirements of subsections (c) or (d) of Section
613.2.
As used in this Section, the term "applicant"
when the applicant is other than a natural
person shall include any officer, director, em-
ployee or agent of the applicant who has access
to, or control of, workplace firearms, firearm
ammunition, or firearm ammunition compo-
nents. (Added by Ord. 91-94, App. 2/25/94;
amended by Ord. 322-96, App. 8/8/96; Ord. 260-
04, File No. 031932, App. 11/4/2004)
SEC. 613.4. REFERRAL OF
APPLICATION TO OTHER
DEPARTMENTS.
Upon receiving an application that is not
rejected for one of the reasons stated in Section
613.3, the Police Department shall refer the
application to the Bureau of Building Inspection,
the Fire Department, and the City Planning
Department, which departments shall inspect
the premises to be used for the sale of conceal-
able firearms and shall report to the Police
Department concerning compliance with the codes
they administer, and compliance with this Ar-
ticle. (Added by Ord. 161-75, App. 4/23/75;
amended by Ord. 91-94, App. 2/25/94)
SEC. 613.5. PUBLIC HEARING BEFORE
ISSUANCE OF LICENSE.
When an application is filed for a license
under this Article, and the application is not
denied for one of the reasons stated in Section
Sec. 613.5.
San Francisco ■ Police Code
260
613.3, the Police Department shall fix a time and
place for a public hearing regarding the applica-
tion. Not less than 10 days before the date of
such hearing, the Police Department shall cause
to be posted a notice of such hearing in a con-
spicuous place on the property in which the
proposed business is to be operated and the
applicant shall maintain said notice as posted
until the day following the hearing. (Added by
Ord. 161-75, App. 4/23/75; amended by Ord.
91-94, App. 2/25/94)
SEC. 613.6. FORM OF LICENSE.
All licenses issued pursuant to this Article
shall be in the form prescribed by the Attorney
General of the State of California. (Added by
Ord. 91-94, App. 2/25/94)
SEC. 613.7. DURATION AND RENEWAL
OF LICENSES.
All licenses issued pursuant to this Article
shall expire one year after the date of issuance;
provided, however, that such licenses may be
renewed by the Chief of Police for additional
periods of one year upon the approval of an
application for renewal by the Chief of Police and
payment of the renewal fee. Such renewal appli-
cation shall set forth the information listed in
Section 613.2 and must be received by the Chief
of Police, in completed form, no later than 45
days prior to the expiration of the current li-
cense. (Added by Ord. 91-94, App. 2/25/94)
SEC. 613.8. NONASSIGNABILITY OF
LICENSE.
The assignment or attempt to assign any
license issued pursuant to this Article is unlaw-
ful and any such assignment or attempt to as-
sign a license shall render the license null and
void. (Added by Ord. 91-94, App. 2/25/94)
SEC. 613.9. SECURITY.
In order to discourage the theft of firearms
stored on the premises of a firearms dealer, each
business licensed under this Article must adhere
to security measures as required by the Chief of
Police. Security measures shall include but not
be limited to:
(a) Provision of secure locks, windows and
doors, adequate lighting, and alarms as specified
by the Chief of Police;
(b) Storage of all firearms on the premises
out of the reach of customers in secure, locked
facilities, so that access to firearms shall be
controlled by the dealer or employees of the
dealer, to the exclusion of all others. (Added by
Ord. 91-94, App. 2/25/94)
SEC. 613.10. LICENSE— CONDITIONS.*
In addition to all other requirements and
conditions stated in this Article, each license
shall be subject to all of the following conditions,
the breach of any of which shall be sufficient
cause for revocation of the license by the Chief of
Police:
(a) The business shall be carried on only in
the building located at the street address shown
on the license, except as otherwise authorized
under Section 12071(b)(1) of the California Penal
Code.
(b) The licensee shall comply with Sections
12073, 12074, 12076, 12077 and 12082 of the
California Penal Code, to the extent that the
provisions remain in effect.
(c) The licensee shall not deliver any pistol
or revolver to a purchaser earlier than 10 days
after the application for the purchase, lease or
transfer, unless otherwise provided by State or
federal law.
(d) The licensee shall not deliver any fire-
arm to a purchaser, lessee or other transferee
unless the firearm is unloaded and securely
wrapped or unloaded in a locked container.
(e) The licensee shall not deliver any fire-
arm, firearm ammunition, or firearm ammuni-
tion component to a purchaser, lessee or other
transferee unless the purchaser, lessee or other
transferee presents clear evidence of his or her
identity and age to the seller. As used in this
Section, "clear evidence of his or her identity and
age" includes, but is not limited to, a motor
vehicle operator's license, a State identification
261
Miscellaneous Conduct Regulations
Sec. 613.10.
card, an armed forces identification card, an
employment identification card which contains
the bearer's signature and photograph, or any
similar documentation which provides the seller
reasonable assurance of the identity and age of
the purchaser.
(f) The licensee shall not display in any part
of the premises where it can be readily seen from
outside the premises, any firearm, firearm am-
munition or imitation thereof, or placard adver-
tising the sale or other transfer thereof, other
than a sign identifying the name of the business.
(g) The licensee shall not sell, lease or oth-
erwise transfer to any person any ammunition
that:
(1) Serves no sporting purpose;
(2) Is designed to expand upon impact and
utilize the jacket, shot or materials embedded
within the jacket or shot to project or disperse
barbs or other objects that are intended to in-
crease the damage to a human body or other
target (including, but not limited to, Winchester
Black Talon, Speer Gold Dot, Federal Hydra-
Shok, Hornady XTP, Eldorado Starfire, Hollow
Point Ammunition and Remington Golden Sabre
ammunition; or
(3) Is designed to fragment upon impact
(including, but not limited to, Black Rhino bul-
lets and Glaser Safety Slugs).
This subsection does not apply to conven-
tional hollow-point ammunition with a solid lead
core when the purchase is made for official law
enforcement purposes and the purchaser is au-
thorized to make such a purchase by the director
of a public law enforcement agency such as the
Chief of the San Francisco Police Department or
the Sheriff of the City and County of San Fran-
cisco.
(h) The licensee shall post within the
licensee's premises a notice stating the following:
"THE CALIFORNIA PENAL CODE PROHIB-
ITS THE SALE OF FIREARMS OR FIRE-
ARMS AMMUNITION TO PERSONS UN-
DER THE AGE OF 18, AND FURTHER
GENERALLY PROHIBITS THE SALE OF A
PISTOL, REVOLVER, OR FIREARM CA-
PABLE OF BEING CONCEALED UPON THE
PERSON TO ANY PERSON UNDER THE
AGE OF 21."
The posted notice shall be in a conspicuous
location, shall be in 36 point type block letters in
black ink on a white background, and shall be
located so that the notice can easily and clearly
be seen by all prospective purchasers of firearms
and firearm ammunition.
(i) The licensee shall not sell, lease or oth-
erwise transfer any ultracompact firearm except
as authorized by Section 613.10-2 or any 50
caliber firearm or 50 caliber cartridge except as
authorized by Section 613.10-1.
(j) Any license issued pursuant to this Ar-
ticle shall be subject to such additional condi-
tions as the Chief of Police finds are reasonably
related to the purpose of this Article.
(k) The licensee shall comply with the re-
quirements of Section 613.10-3 and shall, in
addition, post the appropriate notice or notices,
as specified below, in a conspicuous location at
the entrance of the licensee's premises (or at the
entrance to the separate room or, enclosure pur-
suant to Section 613.10-3(c)). Such notice shall
be in 36 point type block letters in black ink on a
white background.
(1) Licensees that sell, lease or otherwise
transfer firearms, other than firearms capable of
being concealed on the person, shall post a notice
at the entrance to the premises (or at the en-
trance to the separate room or enclosure pursu-
ant to Section 613.10-3(c)) stating the following:
"THE SAN FRANCISCO POLICE CODE RE-
QUIRES THAT FIREARMS DEALERS PRO-
HIBIT ENTRY BY PERSONS UNDER AGE
18, AND FURTHER PROHIBITS ENTRY BY
(1) PERSONS CONVICTED OF A VIOLENT
OFFENSE WHO ARE PROHIBITED FROM
POSSESSING FIREARMS PURSUANT TO
CALIFORNIA PENAL CODE SECTIONS
12021 OR 12021.1; AND (2) PERSONS WHO
ARE CURRENTLY PROHIBITED FROM POS-
SESSING FIREARMS BECAUSE THEY HAVE
BEEN ADJUDICATED AS MENTALLY DIS-
Supp. No. 10, July/August 2007
Sec. 613.10.
San Francisco - Police Code
262
ORDERED, NOT GUILTY BY REASON OF
INSANITY OR INCOMPETENT TO STAND
TRIAL."
(2) Licensees that sell, lease or otherwise
transfer firearms capable of being concealed on
the person shall post a notice at the entrance to
the premises (or at the entrance to the separate
room or enclosure containing such firearms pur-
suant to Section 613.10-3(c)) stating the follow-
ing:
"THE SAN FRANCISCO POLICE CODE RE-
QUIRES THAT FIREARMS DEALERS PRO-
HIBIT ENTRY BY PERSONS UNDER AGE
21, AND FURTHER PROHIBITS ENTRY BY
(1) PERSONS CONVICTED OF A VIOLENT
OFFENSE WHO ARE PROHIBITED FROM
POSSESSING FIREARMS PURSUANT TO
CALIFORNIA PENAL CODE SECTIONS
12021 OR 12021.1; AND (2) PERSONS WHO
ARE CURRENTLY PROHIBITED FROM POS-
SESSING FIREARMS BECAUSE THEY HAVE
BEEN ADJUDICATED AS MENTALLY DIS-
ORDERED, NOT GUILTY BY REASON OF
INSANITY OR INCOMPETENT TO STAND
TRIAL."
(3) Licensees that sell, lease or otherwise
transfer firearms capable of being concealed on
the person, but who keep such firearms in a
separate room or enclosure in accordance with
Section 613.10-3(c) shall post the notice required
by paragraph (1) at the entrance to the premises
or separate room or enclosure containing fire-
arms that are not capable of being concealed on
the person, and shall post the notice required by
paragraph (2) at the entrance to the separate
room or enclosure containing firearms capable of
being concealed on the person.
(1) The licensee shall notify the Chief of
Police of the name, age and address of, and
submit a certificate of eligibility under Penal
Code Section 12071 from the State Department
of Justice for, any person not listed on the
licensee's application under Section 613.2(a)(1)
who will be given access to, or control of, work-
place firearms, firearm ammunition, or firearm
ammunition components. The licensee shall sub-
mit the required information and certificate within
10 days of such person being employed or other-
wise being given access to, or control over work-
place firearms, firearm ammunition, or firearm
ammunition components.
(m) Within the first five business days of
April and October of each year, licensees shall
cause a physical inventory to be taken that
includes a listing of each firearm held by the
licensee by make, model, and serial number,
together with a listing of each firearm the lic-
ensee has sold since the last inventory period. In
addition, the inventory shall include a listing of
each firearm lost or stolen that is required to be
reported pursuant to Penal Code Section
12071(b)(13). Licensees shall maintain a copy of
the inventory on the premises for which the
license was issued. Immediately upon comple-
tion of the inventory, licensees shall forward a
copy of the inventory to the address specified by
the Chief of Police, by such means as specified by
the Chief of Police. With each copy of the inven-
tory, licensees shall include an affidavit signed
by the licensee (or, if the licensee is not a natural
person, by an officer, general manager, or other
principal of the licensee) stating under penalty of
perjury that within the first five business days of
that April or October, as the case may be, the
signer personally confirmed the presence of the
firearms reported on the inventory. (Added by
Ord. 91-94, App. 2/25/94; amended by Ord. 290-
95, App. 9/1/95; Ord. 225-96, App. 6/11/96; Ord.
283-96, App. 7/3/96; Ord. 62-00, File No. 000197,
App. 4/14/2000; Ord. 242-00, File No. 000950,
App. 10/27/2000; Ord. 260-04, File No. 031932,
App. 11/4/2004; Ord. 192-07, File No. 070684,
App. 8/1/2007)
^Editor's Note:
The provisions of Ord. 283-96 took effect on Janu-
ary I, 1997.
Supp. No. 10, July/August 2007
262.1 Miscellaneous Conduct Regulations Sec. 613.10-1.
SEC. 613.10-1. SALE OR TRANSFER OF
50 CALIBER FIREARMS AND
CARTRIDGES RESTRICTED.
(a) Findings. The Board of Supervisors finds
as follows:
(1) Fifty caliber rifles are military-style fire-
arms, used by armed forces around the world,
which combine long range, accuracy and massive
power. Fifty caliber rifles are accurate to dis-
tances of 1,000 to 2,000 yards (10 to 20 football
fields), depending on the skill of the shooter, and
can penetrate armored vehicles, disable aircraft
and damage industrial targets, such as refiner-
ies and hazardous chemical plants. The dangers
of these weapons are detailed in "Voting from the
Rooftops: How the Gun Industry Armed Osama
bin Laden, other Foreign and Domestic Terror-
ists, and Common Criminals with 50 Caliber
Sniper Rifles," Violence Policy Center (2001).
(2) Fifty caliber rifles and ammunition are
proliferating on the civilian market in the United
States.
(3) In a briefing paper dated August 4,
1999, the United States General Accounting Of-
fice concluded that 50 caliber rifles have been
associated with significant criminal activity, stat-
ing "Our investigation revealed that 50 caliber
semiautomatic rifles have been linked to domes-
tic and international criminal activity. We have
established a nexus to terrorist groups, outlaw
Supp. No. 10, July/August 2007
[INTENTIONALLY LEFT BLANK]
Supp. No. 10, July/August 2007
263
Miscellaneous Conduct Regulations
Sec. 613.10-1.
motorcycle gangs, international drug cartels, do-
mestic drug dealers, religious cults, militia groups,
potential assassins, and violent criminals."
(4) California Penal Code Sections 12303.6
and 12304 currently prohibit the sale of destruc-
tive devices, defined to include weapons of a
caliber greater than 60 caliber and any ammu-
nition therefor. In addition, recognizing the dan-
ger posed by 50 caliber rifles, the Legislature
recently passed, and the Governor has signed,
legislation restricting the sale and transfer and
tracking the ownership of, 50 caliber rifles;
(5) The City and County of San Francisco
has a high concentration of potential targets for
terrorist attacks;
(6) The firearms industry has recently in-
troduced a 50 caliber handgun, and reports indi-
cate that it is difficult to control and fires with
five times the muzzle power of a .357 magnum
handgun;
(7) A recent analysis of data published by
the manufacturer of this 50 caliber handgun and
ballistics test data published in American Rifle-
man magazine indicate that bullets fired from
the handgun may be capable of penetrating Type
IIIAbody armor, the highest grade of concealable
body armor normally worn by law enforcement
officers in the field. The dangers of these weap-
ons are detailed in "Vest Buster: The .500 Smith
& Wesson Magnum — The Gun Industry's Latest
Challenge to Law Enforcement Body Armor,"
Violence Policy Center (2004);
(8) Fifty caliber firearms have no legitimate
hunting or sporting purpose in the City and
County of San Francisco. Further, such firearms
are ill-suited for use as a means to defend one's
home or property, since they are difficult to
control, greatly increase the risk of harm to
bystanders, and the firepower greatly exceeds
that which is necessary to protect property or
homeowners;
(9) The Board of Supervisors hereby finds
and declares that the uncontrolled proliferation
and use of 50 caliber firearms and ammunition
poses an unacceptable threat to the health, safety
and security of the public.
(b) Purpose and Intent. The purpose and
intent of this Section is to protect the health,
safety, security and general welfare of the citi-
zens of the City and County of San Francisco and
the City's law enforcement personnel by reduc-
ing the risk of personal injury, death or property
damage caused by 50 caliber firearms. Specifi-
cally with respect to regulating 50 caliber hand-
guns, it is the purpose and intent of this Section
to protect of the citizens of the City and County
of San Francisco and the City's law enforcement
personnel by reducing the risk of personal injury,
death or property damage caused by persons
using 50 caliber handguns. It is not the intent of
this Section to address the problem of handgun
safety, as addressed, for example in Sections
12125 through 12133 of the California Penal
Code, or to otherwise regulate 50 caliber hand-
guns based on consumer product safety consid-
erations for the person using the handgun.
(c) Definitions.
(1) As used in this section, the term "50
caliber firearm" shall mean any firearm, as de-
fined in Section 613.1 of this Article, capable of
firing a center-fire 50 caliber cartridge.
(2) As used in this section, the term "50
caliber cartridge" shall mean a firearm ammuni-
tion cartridge in 50 caliber, either by designation
or actual measurement, or any metric equiva-
lent, including but not limited to a .50 BMG
cartridge, that is capable of being fired from a
centerfire rifle or a handgun. The term "50
caliber cartridge" does not include any memora-
bilia or display item that is filled with a perma-
nent inert substance or that is otherwise perma-
nently altered in a manner that prevents ready
modification for use as live ammunition.
(3) As used in this section, the term "rifle"
shall mean any firearm that is designed or
redesigned, made or remade, and intended to be
fired from the shoulder, and which is designed or
redesigned, made or remade to use the energy in
a fixed cartridge to fire only a single projectile
through a rifled bore for each single pull of the
trigger. The term "rifle" shall not include any
shotgun.
Sec. 613.10-1.
San Francisco - Police Code
264
(4) As used in this section, the term "hand-
gun" shall mean any firearm with a barrel less
than 16 inches in length. The term "handgun"
shall include any pistol, revolver, or concealable
firearm as such terms are defined in the Califor-
nia Penal Code.
(d) Sale or Transfer of 50 Caliber Fire-
arms and Cartridges Restricted. No person
shall sell, give, transfer, offer for sale or display
for sale any 50 caliber firearm or 50 caliber
cartridge except as authorized by paragraph (e)
of this Section.
(e) Exceptions.
(1) The provisions of Subsection (d) of this
Section shall not apply to:
(A) the sale or other transfer of a 50 caliber
firearm or 50 caliber cartridge which is prohib-
ited under state law, including, but not limited
to, the sale or transfer of any assault weapon as
defined in the California Penal Code;
(B) the sale or other transfer of a 50 caliber
firearm which is an antique firearm, as defined
in paragraph (16) of subsection (a) of Section 921
of Title 18 of the United States Code;
(C) the delivery of a 50 caliber firearm to a
licensed gunsmith, as defined in California Pe-
nal Code Section 1200 l(r), or to a person licensed
pursuant to California Penal Code Section 12071,
for purposes of service or repair, or to the return
of the firearm to its owner by the gunsmith or the
licensee following the completion of service or
repairs;
(D) the return of a 50 caliber firearm to its
owner by a person licensed pursuant to this
Article where the firearm was initially delivered
to the licensee for the purpose of a consignment
sale or as collateral for a pawnbroker loan; or
(E) the offer for sale or display in any peri-
odical, solicitation by mail or use of the internet
of a 50 caliber firearm or 50 caliber cartridge by
any person or entity where the seller or offeror is
located outside of the City and County of San
Francisco.
(F) the loan of an unloaded 50 caliber fire-
arm to a person for use solely as a prop in a
motion picture, television, video, theatrical or
other entertainment production or event, pro-
vided that such person is in compliance with
Section 12081 of the California Penal Code.
(2) The provisions of Subsection (d) of this
Section shall not apply to the sale or other
transfer of a 50 caliber firearm or 50 caliber
cartridge where the purchaser or transferee is
any of the following:
(A) A law enforcement agency;
(B) An agency duly authorized to perform
law enforcement duties;
(C) A state or local correctional facility;
(D) A federal law enforcement officer, pro-
vided such law enforcement officer is authorized
to acquire a 50 caliber firearm and/or 50 caliber
cartridges and does so while acting within the
course and scope of his or her employment:
(E) A person described in Sections 12302 or
12322(a) of the California Penal Code; provided
such person is authorized to acquire a 50 caliber
firearm and/or 50 caliber cartridges and does so
while acting within the course and scope of his or
her employment;
(F) A person who is properly identified as a
full-time paid peace officer as defined in Sections
830.1, 830.2, 830.4, or 830.5 of the California
Penal Code, provided such peace officer is autho-
rized to acquire a 50 caliber firearm and/or 50
caliber cartridge and does so while acting within
the course and scope of his or her employment;
(G) A firearms dealer who has been issued a
Federal Firearms License, and who is in compli-
ance with the requirements of Section 12071 of
the California Penal Code,
(H) A person or entity conducting a trans-
action described in subdivision (k) of Section
12078 of the California Penal Code:
(I) A person acquiring a 50 caliber firearm
or 50 caliber cartridge by bequest or intestate
succession, or otherwise by operation of law,
provided that such firearms or cartridges are
transferred to a law enforcement agency or to a
person licensed pursuant to California Penal
Code Section 12071 within 12 months from the
date that the person obtains title;
265
Miscellaneous Conduct Regulations
Sec. 613.10-2.
(J) A non-profit entity that is authorized to
destroy firearms, and which has agreed to de-
stroy the firearm being transferred;
(K) A federal, state, or local historical soci-
ety, museum, or institutional collection that is
open to the public; provided that the 50 caliber
firearm is used for display purposes, is unloaded,
and is secured from unauthorized uses.
(f) Penalties.
(1) Violation of this Section shall be punish-
able as a misdemeanor. In addition, in the case of
a violation of this section by a firearms dealer
licensed under this Article, each violation of this
Section shall constitute grounds for suspension
or revocation of the licensee's firearms dealer
license.
(2) Each transaction in violation of this
Section shall be deemed a distinct and separate
violation.
(g) Sunset Provision. If the State of Cali-
fornia enacts legislation prohibiting or restrict-
ing the sale or transfer of 50 caliber rifles, 50
caliber handguns, or 50 caliber cartridges cov-
ered by this section, the requirements of this
Section shall be suspended as of the date such
legislation goes into effect with respect to any
requirements of this Section that apply to the
firearms or cartridges prohibited or restricted by
state law. If the State of California subsequently
repeals any such legislation, the suspension shall
expire by operation of law and the previously
suspended provisions shall become operative.
(Added by Ord. 283-96, App. 7/13/96; amended
by Ord. 260-04, File No. 031932, App. 11/4/2004)
^Editor's Note:
The provisions of Ord. 283-96 took effect on Janu-
ary 1, 1997.
SEC. 613.10-2. SALE OF
ULTRACOMPACT FIREARMS
RESTRICTED.
(a) Findings. The Board of Supervisors finds
as follows:
(1) A number of other states have enacted
legislation to facilitate the issuance of licenses to
carry concealed firearms with the result that
firearms manufacturers have been designing and
marketing ultracompact handguns to respond to
the development of the market created by the
relaxation of concealed weapons laws in these
states.
(2) These ultracompact handguns are de-
signed to allow the complete concealment of the
weapon on the person.
(3) In contrast to those states that have
relaxed requirements for issuance of licenses to
carry concealed weapons, California has not done
so. Moreover, in San Francisco, permits to carry
concealed weapons are issued only in very lim-
ited circumstances. There are currently fewer
than ten individuals authorized by the City to
carry concealed weapons.
(4) Because concealed weapons permits are
rarely issued in San Francisco, any legitimate
market for concealable ultracompact handguns
is exceedingly small.
(5) Ultracompact handguns have no legiti-
mate hunting or sporting purpose, and are ill-
suited for use as a means to defend one's home or
property, since the short barrel length makes
them inherently inaccurate.
(6) A national study of weapons confiscated
by law enforcement agencies found that a sub-
stantial majority of the handguns confiscated
have a barrel length of less than three inches.
(7) A survey of incarcerated felons found
that easy concealment is very often an important
consideration in the selection of handguns that
are later used to commit crimes.
(8) A study of persons in California found
that persons whose applications for the purchase
of a handgun were denied based on prior crimi-
nal activity were more likely to attempt to pur-
chase small, highly concealable handguns than
are potential purchasers whose applications were
not denied.
(9) A study of handgun owners in one state
found that 67 percent of felons but just 30
percent of other handgun owners reported own-
ing a handgun with a barrel length of three
inches or less.
(10) Because there is evidence that crimi-
nals prefer smaller, more concealable handguns,
and since handguns are used in at least 80
Sec. 613.10-2.
San Francisco - Police Code
266
percent of all violent crimes involving firearms
in the United States, the public interest is not
served by allowing the unregulated sale of easily
concealable ultracompact handguns. The conceal-
ability of these weapons makes them a high
public security and safety risk when owned and
carried by individuals unlicensed to carry con-
cealed weapons, particularly in a high-density
urban area such as San Francisco.
(11) The dangers of ultracompact firearms
are further detailed in "Pocket Rockets — The
Gun Industry's Sale of Increased Killing Power,"
Violence Policy Center (2001).
(b) Purpose and Intent. The purpose and
intent of this Section is to protect the health,
safety, and general welfare of the citizens of the
City and County of San Francisco by reducing
the potential for death or injury to citizens and
law enforcement personnel attributable to ultra-
compact firearms. It is not the intent of this
Section to address the problem of handgun safety,
as addressed, for example, in Sections 12125
through 12133 of the California Penal Code, or to
otherwise regulate ultracompact firearms based
on consumer product safety considerations for
the person using the firearm.
(c) Sale of Ultracompact Firearms Re-
stricted. No person licensed pursuant to this
Article shall sell, lease or otherwise transfer any
ultracompact firearm except as authorized by
paragraph (d) of this Section. Nothing in this
section shall preclude any person licensed pur-
suant to this Article from processing firearms
transactions between unlicensed parties pursu-
ant to subdivision (d) of Section 12072 of the
Penal Code of the State of California.
(d) Exceptions. The requirements of this
Section shall not apply to the sale, lease or other
transfer of an ultracompact firearm in the fol-
lowing circumstances:
(1) To any law enforcement agency;
(2) To any agency duly authorized to per-
form law enforcement duties;
(3) To any state or local correctional facility;
(4) To a federal law enforcement officer,
provided such law enforcement officer is autho-
rized to acquire an ultracompact firearm and
does so while acting within the course and scope
of his or her employment;
(5) To a private security company licensed
to do business in the State of California;
(6) To a person described in Sections 12302
or 12322(a) of the California Penal Code, pro-
vided such person is authorized to acquire an
ultracompact firearm and does so while acting
within the course and scope of his or her employ-
ment;
(7) To any person who is properly identified
as a full-time paid peace officer, as defined in
Sections 830.1, 830.2, 830.4, or 830.5 of the
California Penal Code, provided such peace of-
ficer is authorized to acquire an ultracompact
firearm and does so while acting within the
course and scope of his or her employment.
(8) To the sale, lease or other transfer of any
antique firearm., as defined in paragraph (16) of
subsection (a) of Section 921 of Title 18 of the
United States Code.
(9) To the loan of an ultracompact firearm
to a person for use solely as a prop in a motion
picture, television, or video, theatrical or other
entertainment production or event, provided that
such person is in compliance with Section 12081
of the California Penal Code;
(10) To any person or entity conducting a
transaction that is exempt from the provisions of
subdivision (d) of Section 12072 of the California
Penal Code;
(11) To any person or entity conducting a
transaction described in subdivision (k) of Sec-
tion 12078 of the California Penal Code;
(12) To a firearms dealer who has been
issued a Federal Firearms License, and who is in
compliance with the requirements of Section
12071 of the California Penal Code;
(13) To any person or entity acquiring an
ultracompact firearm by bequest, intestate suc-
cession or otherwise by operation of law;
267
Miscellaneous Conduct Regulations
Sec. 613.10-3.
(14) To a non-profit entity that is autho-
rized to destroy firearms, and which has agreed
to destroy the firearm being transferred
(15) To a federal, state, or local historical
society, museum, or institutional collection that
is open to the public, provided that the ultracom-
pact firearm is used for display purposes, is
unloaded, and is secured from unauthorized use;
(16) To the delivery of an ultracompact fire-
arm to a licensed gunsmith, as defined in Cali-
fornia Penal Code Section 1200 l(r), or to a per-
son licensed pursuant to California Penal Code
Section 12071, for purposes of service or repair,
or to the return of the firearm to its owner by the
gunsmith or by licensee following the completion
of service or repairs;
(17) To the return of an ultracompact fire-
arm to its owner by a person licensed pursuant to
this Article where the firearm was initially de-
livered to the licensee for the purpose of a
consignment sale or as collateral for a pawnbro-
ker loan.
(e) Penalties.
(1) Violation of this section shall be punish-
able as a misdemeanor. In addition, each viola-
tion of this Section shall constitute grounds for
suspension or revocation of the licensee's fire-
arms dealer license under this Article.
(2) Each transaction in violation of this
Section shall be deemed a distinct and separate
violation. (Added by Ord. 62-00, File No. 000197,
App. 4/14/2000; amended by Ord. 260-04, File
No. 031932, App. 11/4/2004)
SEC. 613.10-3. PERSONS PROHIBITED
FROM PURCHASING FIREARMS NOT
PERMITTED ON LICENSEES' PREMISES.
(a) No person who is prohibited from pos-
sessing or purchasing firearms pursuant to Cali-
fornia Penal Code Sections 12021 or 12021.1 or
Subsections (a), (b), (c) or (d) of California Wel-
fare and Institutions Code Sections 8103 shall
enter into any place of business that is licensed
pursuant to this Article to engage in the business
of selling, leasing or otherwise transferring fire-
arms and which displays the notices required by
Section 613.10(k), except in accordance with para-
graph (c) of this Section.
(b) (1) No person licensed pursuant to this
Article to sell, lease or otherwise transfer fire-
arms shall permit the entry onto the premises
that are the subject of the license by any person
who the licensee knows or has reason to know is
prohibited from possessing or purchasing fire-
arms pursuant to California Penal Code Sections
12021 or 12021.1, or Subsections (a), (b), (c) or
(d), of California Welfare and Institutions Code
Section 8103, except in accordance with para-
graph (c) of this Section.
(2) No person licensed pursuant to this Ar-
ticle to sell, lease or otherwise transfer firearms
shall permit the entry onto the premises that are
the subject of the license by any person under 18
years of age except in accordance with paragraph
(c) of this section. No person licensed pursuant to
this Article to sell, lease or otherwise transfer
firearms and who keeps or displays for sale,
lease or other transfer firearms capable of being
concealed on the person shall permit the entry
onto the premises that are the subject of the
license by any person under 21 years of age,
except in accordance with paragraph (c) of this
section.
(3) The licensee and any of his or her agents,
employees or other persons acting under the
licensee's authority shall be responsible for re-
quiring clear evidence of age and identity of
persons to prevent the entry of persons not
permitted to purchase a firearm under state law
by reason of age. Clear evidence of age and
identity includes, but is not limited to, a motor
vehicle operator's license, a State identification
card, an armed forces identification card, or an
employment identification card which contains
the bearer's signature, photograph, and age, or
any similar documentation which provides rea-
sonable assurance of the identity and age of the
individual.
(c) Exceptions.
(1) It shall not be a violation of this section
for any person who is otherwise prohibited pur-
suant to subsection (a) from entering or being
Sec. 613.10-3.
San Francisco - Police Code
268
present on the premises to enter or be present on
the premises if the firearms and related accesso-
ries (including, but not limited to, ammunition,
ammunition clips and holsters) are kept or dis-
played within a separate room or enclosure that
separates such firearms and related accessories
from other merchandise, and such persons are
excluded from the separate room or enclosure.
(2) It shall not be a violation of this section
for any person who the licensee is otherwise
required to keep from entering or being present
on the premises pursuant to subsection (b) to
enter or be present on the premises if the fire-
arms and related accessories (including, but not
limited to ammunition, ammunition clips and
holsters) are kept or displayed within a separate
room or enclosure that separates such firearms
and related accessories from other merchandise,
and such persons are excluded from the separate
room or enclosure. Where a licensee keeps or
displays weapons capable of being concealed on
the person in a separate roam or enclosure that
separates such firearms and related accessories,
including, but not limited to, ammunition, am-
munition clips and holsters) from other merchan-
dise (including other firearms), it shall not be a
violation of this section for persons at least 18
years old but less than 21 years old to enter or be
present on the premises if such persons are
excluded from the separate room or enclosure
containing firearms capable of being concealed
on the person.
(d) Penalty for violation.
(1) Any person who is prohibited from pos-
sessing or purchasing firearms pursuant to Cali-
fornia Penal Code Sections 12021 or 12021.1 or
Subsections (a), (b), (c) or (d) of California Wel-
fare and Institutions Code Section 8103 and who
knowingly enters into any place of business that
is licensed pursuant to this Article to engage in
the business of selling, leasing or otherwise
transferring firearms in violation of subsection
(a) shall be guilty of a misdemeanor.
(2) Any licensee or other person acting un-
der the authority of a licensee, including, but not
limited to, employees or agents of a licensee, who
knowingly allows a person to enter the licensee's
premises in violation of this section shall be
guilty of a misdemeanor. (Added by Ord. 242-00,
File No. 000950, App. 10/27/2000; amended by
Ord. 260-04, File No. 031932, App. 11/4/2004)
SEC. 613.11. LICENSE— GROUNDS FOR
REVOCATION.
In addition to any other provisions of this
Article, any circumstances constituting grounds
for denial of a license shall also constitute grounds
for revocation of a license. (Added by Ord. 91-94,
App. 2/25/94)
SEC. 613.12. HEARING ON LICENSE
DENIAL OR REVOCATION.
(a) Any person whose application for a li-
cense under this Article has been denied, or
whose license has been revoked pursuant to the
provisions of this Article, shall have the right to
a hearing before the Chief of Police or his or her
designee prior to final denial or prior to revoca-
tion.
(b) The Chief of Police shall give the appli-
cant or licensee written notice of the intent to
deny the application or to revoke the license. The
notice shall set forth the ground or grounds for
the Chief of Police's intent to deny the applica-
tion or to revoke the license, and shall inform the
applicant or licensee that he or she has 10 days
from the date of mailing of the notice to file a
written request for a hearing. The application
may be denied or the license revoked if a written
hearing request is not received within the 10-day
period.
(c) If the applicant or licensee files a timely
hearing request, the Chief of Police shall set a
time and place for the hearing. All parties in-
volved shall have the right to (1) offer testimo-
nial, documentary and tangible evidence bearing
on the issues; (2) be represented by counsel; and
(3) confront and cross examine any witnesses
against them. If the hearing is before a designee
of the Chief of Police, the designee shall make a
written recommendation following the hearing
regarding whether an application should be de-
nied or a license revoked. The decision of the
Chief of Police whether to deny the application or
revoke the license shall be appealable to the
269
Miscellaneous Conduct Regulations
Sec. 613.16.
Board of Appeals, at which proceeding the Chief
shall have the burden of proof to justify his
decision. (Added by Ord. 91-94, App. 2/25/94;
amended by Ord. 260-04, File No. 031932, App.
11/4/2004)
SEC. 613.13. LICENSE— LIABILITY
INSURANCE.
No license shall be issued or reissued pursu-
ant to this Article unless there is in full force and
effect a policy of insurance in such form as the
City Attorney and the City's Risk Manager deem
proper, executed by an insurance company ap-
proved by the City's Risk Manager, whereby the
applicant or licensee is insured against liability
for damage to property and for injury to or death
of any person as a result of the sale, transfer or
lease, or advertising for sale, transfer or lease, or
offering or exposing for sale, transfer or lease, of
any firearm, firearm ammunition or firearm
ammunition component. The minimum liability
limits shall not be less than $1,000,000 for dam-
age to or destruction of property in any one
incident, and $1,000,000 for the death or injury
to any one person; provided, however, that addi-
tional amounts may be required by the City
Attorney or City's Risk Manager if deemed nec-
essary to protect the interests of the City and its
residents.
Such policy of insurance shall contain an
endorsement providing that the policy will not be
canceled until notice in writing has been given to
the City, address in care of the Chief of Police,
850 Bryant Street, San Francisco, California,
94103, at 30 days immediately prior to the time
such cancellation becomes effective. Further, such
policy of insurance shall name the City, its offi-
cers, agents, and employees as additional in-
sureds.
In addition, applicants and licensees shall
agree in writing that they shall indemnity, de-
fend, and hold harmless the City, its officers,
agents, and employees, from claims arising out
of the negligence or the intentional or wilful
misconduct of the applicant or licensee. (Added
by Ord. 91-94, App. 2/25/94)
SEC. 613.14. LICENSE— AUTHORITY TO
INSPECT.
Any and all investigating officials of the City
shall have the right to enter the building desig-
nated in the license from time to time during
regular business hours to make reasonable in-
spections and to observe and enforce compliance
with building, mechanical, fire, electrical, plumb-
ing, or health regulations, and provisions of this
Article. A police investigator may conduct com-
pliance inspections to insure conformance with
all federal, state, and local laws, and all provi-
sions of this Article. (Added by Ord. 91-94, App.
2/25/94)
SEC. 613.15. COMPLIANCE BY
EXISTING DEALERS.
Any person engaging in the business of sell-
ing, transferring, or leasing, or advertising for
sale, transfer, or lease, or offering or exposing for
sale, transfer, or lease, any firearm, firearm
ammunition, or firearm ammunition component
on the effective date of this Article, or any
amendments thereto, shall have a period of 60
days after such effective date to comply with the
provisions of this Article, or any amendments
thereto.
In addition, any person who possesses as of
February 1, 1994, a permit or license issued by
the San Francisco Police Department to engage
in the business of selling, transferring, or leas-
ing, or advertising for sale, transfer, or lease, or
offering or exposing for sale, transfer, or lease,
any firearm, firearm ammunition, or firearm
ammunition component, shall not be required to
comply with the requirements of Section
613.3(i)(l), (2) and (3) of this Article. (Added by
Ord. 91-94, App. 2/25/94)
SEC. 613.16. TEMPORARY SUSPENSION
OF LICENSE.
(a) If the Chief of Police has reason to
believe that a licensee has (1) violated any fed-
eral, state or local law relating to the sale, lease,
transfer, use or possession of firearms, firearm
ammunition or firearms ammunition compo-
nents, or (2) has committed any of the offenses
set forth in Section 613.3(e), the Chief of Police
Sec. 613.16.
San Francisco - Police Code
270
may immediately suspend for a period not to
exceed three days the right of the licensee to sell,
lease or otherwise transfer firearms, firearm
ammunition or firearm ammunition compo-
nents.
However, if the licensee is charged by a
federal, state, or local prosecuting attorney with
a violation of any such law the Chief of Police
may suspend such license until the charges are
dismissed or the licensee is found not guilty in a
court of law. If the Chief of Police suspends a
license pursuant to this provision, the licensee
shall be provided an opportunity to present evi-
dence to the Chief or his or her designee that the
pending charges are without legal merit. The
Chiefs decision regarding whether to suspend a
license pending the outcome of such charges
shall be appealable to the Board of Appeals, at
which proceeding the Chief shall have the bur-
den of proof to justify his decision.
(b) Notice of suspension shall be mailed to
the person(s) who applied for the license and
shall be delivered to the address listed on the
license. (Added by Ord. 91-94, App. 2/25/94;
amended by Ord. 260-04, File No. 031932, App.
11/4/2004)
SEC. 613.17. DELIVERY TO TAX
COLLECTOR.
Upon granting said license, the Police Depart-
ment shall forward said license to the Tax Col-
lector who shall issue said license to the appli-
cant upon payment of the license fee, payable in
advance. (Amended by Ord. 555-81, App. 11/12/
81; Ord. 91-94, App. 2/25/94)
SEC. 613.18. RULES AND
REGULATIONS.
The Chief of Police is hereby authorized to
promulgate such rules and regulations after no-
ticed hearing as will enable the Police Depart-
ment to effectuate the purposes of this ordi-
nance. Failure to comply with such rules and
regulations, or with any other requirements im-
posed by this ordinance, shall constitute grounds
for revocation of licenses issued hereunder. (Added
by Ord. 407-86, App. 10/3/86; amended by Ord.
91-94, App. 2/25/94)
SEC. 613.19. PENALTIES.
Any person violating any provision of this
Article shall be guilty of a misdemeanor or an
infraction unless a penalty is otherwise speci-
fied. The complaint charging such violation shall
specify whether the violation is a misdemeanor
or infraction, which decision shall be that of the
District Attorney. If charged as an infraction,
upon conviction, the violator shall be punished
by a fine of not more than $100 for each provision
violated. If charged as a misdemeanor, upon
conviction, the violator shall be punished by a
fine of not less than $500 or more than $1,000 for
each provision violated or by imprisonment in
the County Jail for a period of not more than six
months, or by both such fine and imprisonment.
In any accusatory pleading charging a violation
of this Section, if the defendant has been previ-
ously convicted of a violation of this Section, each
such previous violation and conviction shall be
charged in the accusatory pleading. Any person
violating any provision of this Section a second
or subsequent time within a 10-year period shall
be guilty of a misdemeanor and shall be pun-
ished by a fine of not less than $500 and not more
than $1,000 for each provision violated, or by
imprisonment in the County Jail for a period of
not more than six months, or by both such fine
and imprisonment. (Added by Ord. 91-94, App.
2/25/94; amended by Ord. 260-04, File No. 031932,
App. 11/4/2004)
SEC. 613.20. SEVERABILITY.
If any section, subsection, paragraph, sen-
tence or word of this Article is deemed to be
invalid or beyond the authority of the City and
County of San Francisco, either on its face or as
applied, the invalidity of such provision shall not
affect the other sections, subsections, para-
graphs, sentences, or words of this Article, and
the application thereof; and to that end the
section, subsections, paragraphs, sentences and
words of this Article shall be deemed severable.
(Added by Ord. 91-94, App. 2/25/94)
SEC. 614. EXCEPTIONS.
Sections 613 to 613.20 inclusive, of this Ar-
ticle, shall not apply to wholesale dealers in their
271
Miscellaneous Conduct Regulations
Sec. 615.
business intercourse with retail dealers, nor to
wholesale or retail dealers in the regular or
ordinary transport of unloaded firearms as mer-
chandise to other wholesale or retail dealers by
mail, express or other mode of shipment to points
outside the City and County of San Francisco.
(Amended by Ord. 407-86, App. 10/3/86; Ord.
260-04, File No. 031932, App. 11/4/2004)
SEC. 615. RECORDS OF AMMUNITION
SALES.
(a) Definitions.
(1) "Firearm ammunition," as used in this
Section, shall include any ammunition for use in
any pistol or revolver, or semiautomatic rifle or
assault weapon, but shall not include ammuni-
tion for shotguns that contains shot that is No. 4
or smaller.
(2) "Semiautomatic rifle," as used in this
Section, shall mean any repeating rifle which
utilizes a portion of the energy of a firing car-
tridge to extract the fired cartridge case and
chamber the next round, and which requires a
separate pull of the trigger to fire each cartridge.
(3) "Assault weapon," as used in this Sec-
tion, shall mean any of the weapons designated
in California Penal Code Section 12276 or 12276.1.
(4) "Vendor," as used in this Section, shall
mean any person who is engaged in the sale of
firearm ammunition, including any retail fire-
arms dealer.
(b) No vendor shall sell or otherwise trans-
fer ownership of any firearm ammunition with-
out at the time of purchase recording the follow-
ing information on a form to be prescribed by the
Chief of Police: (1) the name of the vendor
(including the name of the specific individual)
transferring ownership to the transferee; (2) the
place where the transfer occurred; (3) the date
and time of the transfer; (4) the name, address
and date of birth of the transferee; (5) the
transferee's driver's license number, or other
identification number, and the state in which it
was issued; (6) the brand, type and amount of
ammunition transferred; and (7) the transferee's
signature.
(c) The records required by this Section
shall be maintained on the premises of the
vendor for a period of not less than two years
from the date of the recorded transfer. Said
records shall be subject to inspection at any time
during normal business hours.
(d) No person shall knowingly make a false
entry in, or fail to make a required entry in, or
fail to maintain in the required manner records
prepared in accordance herewith. No person shall
refuse to permit a police department employee to
examine any record prepared in accordance with
this Section during any inspection conducted
pursuant to this Section.
(e) Penalties.
( 1) First Conviction. Any person violating
any provision of this Section shall be guilty of an
infraction. Upon conviction of the infraction, the
violator shall be punished by a fine of not less
than $50 nor more than $100.
(2) Subsequent Convictions. In any accu-
satory pleading charging a violation of this Sec-
tion, if the defendant has been previously con-
victed of a violation of this Section, each such
previous violation and conviction shall be charged
in the accusatory pleading. Any person violating
any provision of this Section a second time within
a 90-day period shall be guilty of a misdemeanor
and shall be punished by a fine of not less than
$300 and not more than $400 for each provision
violated, or by imprisonment in the County Jail
for a period of not more than six months, or by
both such fine and imprisonment. Any person
violating any provision of this Section, a third
time, and each subsequent time, within a 30-day
period shall be guilty of a misdemeanor and shall
be punished by a fine of not less than $400 and
not more than $500 for each provision violated,
or by imprisonment in the County Jail for a
period of not more than six months, or by both
such fine and imprisonment.
(f) Severability. If any subsection, sen-
tence, clause, phrase, or word of this Section be
for any reason declared unconstitutional or in-
valid or ineffective by any court of competent
jurisdiction, such decision shall not affect the
validity or the effectiveness of the remaining
Supp. No. 10, July/August 2007
Sec. 615.
San Francisco - Police Code
272
portions of this Section or any part thereof. The
Board of Supervisors hereby declares that it
would have adopted this Section notwithstand-
ing the unconstitutionality, invalidity, or ineffec-
tiveness of any one or more of its subsections,
sentences, clauses, phrases, or words. (Formerly
Sec. 618; added by Ord. 328-95, App. 10/20/95;
renumbered and amended by Ord. 260-04, File
No. 031932, App. 11/4/2004) (Former Sec. 615
amended by Ord. 407-86, App. 10/3/86; repealed
by Ord. 260-04)
SEC. 616. REPORTING THE LOSS OR
THEFT OF FIREARMS.
(a) Any person that owns or is otherwise in
possession of a firearm shall report the theft or
loss of such firearm to the San Francisco Police
Department within 48 hours of becoming aware
of the theft or loss whenever (1) the owner
resides in San Francisco, or (2) the theft or loss of
the firearm occurs in San Francisco.
(b) The failure of an owner or person in
possession of a firearm to report the theft or loss
of the firearms within 48 hours of when the
owner or person in possession becomes aware or
should have become aware of the theft or loss
shall be punishable in accordance with Section
613.19. (Added by Ord. 260-04, File No. 031932,
App. 11/4/2004) (Former Sec. 616 added by Ord.
1.075, App. 10/11/38; repealed by Ord. 260-04)
SEC. 617. PROHIBITION AGAINST
POSSESSION OR SALE OF FIREARMS
OR AMMUNITION ON PROPERTY
CONTROLLED BY THE CITY AND
COUNTY OF SAN FRANCISCO.
A. Legislative Findings.
(1) The national and statewide statistical
information available from numerous sources
overwhelmingly demonstrates that the incidence
of gunshot fatalities and injuries has reached
alarming and thus, unacceptable proportions;
and
(2) Government at all levels has a substan-
tial interest in protecting the people from those
who acquire guns illegally and use them to
commit crimes resulting in injury or death of
their victims; and
(3) Recent events throughout the City and
County have generated additional fears of ran-
dom usage of guns to commit violence on unsus-
pecting residents, children and adults alike; and
(4) The Board of Supervisors finds that
crimes and injuries committed with the use of a
firearm are prevalent in San Francisco, with
local statistics showing an increase in homicides
by use of a gun increasing from 39 gun homicides
out of 63 total homicides in 2001, which is a 63
percent increase, to 68 gun homicides out of 85
total homicides in 2006, which is an 80 percent
increase. Local statistics also show that San
Francisco Police Department has seized 1,158
guns in 2005, and 1,104 guns in 2006. In 2007,
there have already been 25 gun homicides.
(5) In the City and County of San Francisco,
the number of nonfatal injuries from guns has
steadily increased. While, in 2001, 81 patients
were admitted to SF General Trauma Center for
serious injuries resulting from gun shots, the
number of patients admitted for serious injuries
rose to 228 by 2006. Similarly, the total number
of shootings that resulted in nonfatal injuries
documented by SFPD was 269 in 2005, 303 in
2006, and in 2007 this number has already
reached 105 by May 10; and
(6) Gun crimes in and around schools and
on buses carrying students to and from school
have become increasingly common; and
(7) In 2003 and 2004, 52 percent of the
City's gun violence victims were under the age of
25.
(8) Homicides committed with handguns are
the leading cause of firearms related injuries
and death in California; and
(9) The widespread availability of illegally
obtained firearms has resulted in a significant
rise in the number of shooting incidents across
the County; and
(10) The Board of Supervisors has author-
ity over the management and control of City and
County property, and it may regulate, by ordi-
nance, the manner in which the property of the
City and County is accessed and used by mem-
bers of the public; and
Supp. No. 10, July/August 2007
272.1
Miscellaneous Conduct Regulations
Sec. 617.
(11) Prohibiting the possession or sale of
firearms and/or ammunition on City and County
property will promote the public health and
safety by contributing to the reduction in the
presence of firearms and the potential for gun-
shot fatalities and injuries in the county. It will
increase the confidence of members of the public
that they are not at risk of injury from firearms
when they seek to use the property and facilities
of the City and County. In particular, this Board
of Supervisors finds that an enormous number of
the general public utilizes the parks, play-
grounds and squares of San Francisco. This
Board finds that prohibiting the possession or
sale of firearms and ammunition on City and
County property will help to ensure the safety of
the general public and specifically children who
are among the most vulnerable in our society;
and
(12) The California Supreme Court has ruled
that State Law does not preempt local laws
banning the possession and sale of firearms and
ammunition on their property. In Nordyke v.
King (2002) 27 Cal.4th 875, the Supreme Court
upheld an Alameda County ordinance banning
the possession of firearms and ammunition on
county owned property and in Great Western v.
County of Los Angeles (2002) 27 Cal.4th 853, the
Supreme Court upheld a Los Angeles County
Ordinance prohibiting all sales of firearms and
ammunition on county property. These rulings
uphold the legal ability of the Board of Supervi-
sors to ban the possession and sale of firearms
and ammunition on City and County property.
B. Legislative Intent. With passage of this
ordinance, the City and County seeks to ensure
that its property and facilities are used in a
manner consistent with promoting the health,
safety and welfare of all of its residents.
C. Definitions.
(1) City and County Property.
(a) As used in this section, the term "City
property" means real property, including any
buildings thereon, owned or leased by the City
and County of San Francisco (hereinafter "City"),
and in the City's possession or in the possession
of a public or private entity under contract with
the City to perform a public purpose including
but not limited to the following property: recre-
ational and park property including but not
limited to Golden Gate Park, the San Francisco
zoo, Hilltop Park and San Francisco's parks and
playgrounds, plazas including but not limited to
United Nations Plaza and Hallidie Plaza, com-
munity centers such as Ella Hill Hutch Commu-
nity Center, and property of the Department of
Recreations and Parks, the Port, and the Public
Utilities Commission.
The term "City property" does not
include any "local public building" as
defined in Penal Code Section 171b(c),
where the state regulates possession
of firearms pursuant to Penal Code
Section 171b.
The term "City property" also does not
include the public right-of-way owned
by the City and County of San Fran-
cisco including any area across, along,
on, over, upon, and within the dedi-
cated public alleys, boulevards, courts,
lanes, roads, sidewalks, streets, and
ways within the City or any property
owned by the City that is outside the
territorial limits of the City and County
of San Francisco.
(2) Firearms. As used in this section the
term "firearm" is any gun, pistol, revolver, rifle
or any device, designed or modified to be used as
a weapon, from which is expelled through a
barrel a projectile by the force of an explosion or
other form of combustion. "Firearm" does not
include imitation firearms or BB guns and air
rifles as defined in Government Code Section
53071.5.
(3) Ammunition. "Ammunition" is any am-
munition as defined in California Penal Code
Section 12316(b)(2).
C. Possession or Sale of Firearms or
Ammunition on County Property Prohib-
ited. No person shall:
(1) Bring onto or possess on county property
a firearm, loaded or unloaded, or ammunition for
a firearm.
Supp. No. 10, July/August 2007
Sec. 617.
San Francisco - Police Code
272.2
(2) Sell on county property a firearm, loaded
or unloaded, or ammunition for a firearm.
D. Exceptions, Ban on Possession. Sec-
tion C.(l) above shall not apply to the following:
(1) A peace officer, retired peace officer or
person assisting a peace officer when authorized
to carry a concealed weapon under Penal Code
Section 12027(a) or a loaded firearm under Penal
Code Section 12031(b)(1) and under 18 U.S.C.
926B or 926C.
(2) Members of the armed forces when on
duty or other organizations when authorized to
carry a concealed weapon under Penal Code
Section 12027(c) or a loaded firearm under Penal
Code Section 12031(b)(4).
(3) Military or civil organizations carrying
unloaded weapons while parading or when going
to and from their organizational meetings when
authorized to carry a concealed weapon under
Penal Code Section 12027(d).
(4) Guards or messengers of common carri-
ers, banks and other financial institutions when
authorized to carry a concealed weapon under
Penal Code Section 12027(e) and armored ve-
hicle guards when authorized to carry a loaded
weapon under Penal Code Section 12031(b)(7).
(5) Persons who are at a target range.
(6) Honorably retired Federal officers or
agents of Federal law enforcement agencies when
authorized to carry a concealed weapon under
Penal Code Section 12027(i) or a loaded weapon
under Penal Code Section 12031(b)(8).
(7) The public administrator in the distri-
bution of a private estate or to the sale of
firearms by its auctioneer to fulfill its obligation
under State Law.
(8) Patrol special police officers, animal con-
trol officers or zookeepers, and harbor police
officers, when authorized to carry a loaded fire-
arm under Penal Code Section 12031(c).
(9) A guard or messenger of a common car-
rier, bank or other financial institution; a guard
of a contract carrier operating an armored ve-
hicle; a licensed private investigator, patrol op-
erator or alarm company operator; a uniformed
security guard or night watch person employed
by a public agency; a uniformed security guard
or uniformed alarm agent; a uniformed employee
of private patrol operator or private investigator
when any of the above are authorized to carry a
loaded firearm under Penal Code Section 12031(d).
(10) Any authorized participant in a motion
picture, television or video production or enter-
tainment event when the participant lawfully
uses a firearm as part of that production or
event.
E. Exception, Ban on Sale. Section C.(2)
above shall not apply to the following:
(1) Purchase or sale of a firearm or ammu-
nition for a firearm by a federal, state or local
law enforcement agency or by any other Federal,
State or local governmental entity.
(2) The public administrator in the distri-
bution of a private estate or to the sale of
firearms by its auctioneer to fulfill its obligation
under state law.
(3) Sale of ammunition at a target range for
use at the target range.
F. Penalty for Violation. Any person who
violates any of the provisions of this Section
617(c) shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine
not to exceed $1,000.00 or by imprisonment in
the county jail not to exceed six months, or by
both.
G. Severability. If any provision, clause or
word of this Section or the application thereof to
any person or circumstance is held invalid, such
invalidity shall not affect any other provision,
clause, word or application of this Section which
can be given effect without the invalid provision,
clause or word, and to this end the provisions of
this chapter are declared to be severable. (Added
by Ord. 194-07, File No. 070682, App. 8/1/2007)
SEC. 622. REGULATIONS TO BE
OBSERVED AT FIRES.
It shall be the duty of the police officers, at
the time of any fire, to place ropes and guard
lines across all public streets on which any
burning buildings or premises are situated and
at such points as they may be deemed necessary.
(Added by Ord. 1.075, App. 10/11/38)
Supp. No. 10, July/August 2007
272.3
Miscellaneous Conduct Regulations
Sec. 630.
SEC. 623. PUBLIC TO REMAIN
OUTSIDE LINES.
It shall be unlawful for any person except
owners and occupants, and their employees, of
buildings endangered by fire, and officers and
members of the Fire Department and Police
Department, and persons having permits from
the Fire Commissioners or Police Commission-
ers, to pass within such lines or to remain within
such lines when ordered outside thereof by any
Police Officer. (Added by Ord. 1.075, App. 10/11/
38)
Amendment to the United State Constitution
and Article I, Section 2 of the California Consti-
tution, and the public's right to express and
exchange diverse ideas and opinions.
(3) The Board further finds that the unau-
thorized removal of newspapers from newsracks,
storefronts, residential properties, bundle drop
locations and other locations where newspapers
SEC. 628. COERCION OF LABORERS
FOR POLITICAL PURPOSES
PROHIBITED.
No officer, board or commission, authorized
by law to appoint subordinates or to engage the
services of laborers, shall solicit or demand of
such subordinates or laborers that they vote for
or against any candidate for any elective office;
or procure, engage, or endeavor to procure from
such subordinate or laborer any sum of money or
contribution to be used for the election or defeat
of any candidate for any elective office; and any
officer, or member of any board or commission,
who demands such contribution and any subor-
dinate or laborer who pays any such contribu-
tion, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall forfeit his office or posi-
tion. (Added by Ord. 1.075, App. 10/11/38)
SEC. 630. UNAUTHORIZED REMOVAL
OF NEWSPAPERS PROHIBITED.
(a) Findings.
(1) The Board of Supervisors of the City and
County of San Francisco finds that the unautho-
rized removal of newspapers before they reach
their intended reading public, including the un-
authorized removal of newspapers circulated to
the public free of charge, injures the people of the
City and County by depriving them of informa-
tive printed news, entertainment, and public
notices.
(2) The Board further finds that the unau-
thorized removal of newspapers infringes on the
right of the public to a free press under the First
Supp. No. 10, July/August 2007
[INTENTIONALLY LEFT BLANK]
Supp. No. 10, July/August 2007
273
Miscellaneous Conduct Regulations
Sec. 630.
are delivered in mass for public consumption,
has become a substantial problem in the City
and County of San Francisco.
(4) The Board further finds that persons
taking newspapers from these locations are often
selling them to recyclers, and are thus appropri-
ating the newspapers for monetary gain.
(b) Definitions.
(1) Newspapers. For purposes of this Sec-
tion, "newspapers" shall mean any publication
made available to the public on a periodic basis
(whether daily, weekly, monthly or quarterly),
regardless of whether a fee is charged for the
publication.
(2) Newsracks. For purposes of this Sec-
tion, "newsracks" shall mean any self-service or
coin-operated box, container, storage unit, or
other dispenser installed, used, or maintained
for the display and sale of newspapers.
(3) Residential Property. For purposes of
this Section, "residential property" shall mean
any property attached or adjacent to a single-
family residence, apartment or other building
used as a residential dwelling where a person
would reasonably expect newspapers to be placed
for the use of individuals residing in the build-
ing. Such property includes, but is not limited to,
any front yard, driveway, or mailbox associated
with such dwelling.
(4) Storefront. For purposes of this Sec-
tion, "storefront" shall mean any property at-
tached or adjacent to a business, including but
not limited to grocery or convenience stores,
where a person would reasonably expect news-
papers to be placed for the use of the business.
(5) Bundles. For purposes of this Section,
"bundles" shall mean a quantity of newspapers
gathered or bound together by a publisher or
distributor for the purpose of distribution to its
intended audience.
(6) Bundle Drop Locations. For purposes
of this Section, "bundle drop locations" shall
mean places where bundles are placed in mass
for distribution by authorized delivery persons.
(c) Prohibitions.
(1) It shall be unlawful for any person to
remove, take, or appropriate more than one copy
of a newspaper from any newsrack or bundle
drop location for the purpose of (i) selling such
newspaper to any recycler; (ii) selling, trading, or
bartering such newspaper to anyone for any
payment; or (iii) depriving others of the opportu-
nity to read or enjoy such newspaper. This pro-
hibition shall not apply to an authorized repre-
sentative of the owner or operator of any newsrack,
or any publisher, authorized printer or autho-
rized distributor of newspapers.
(2) It shall be unlawful for any person,
other than a business owner or the owner's
authorized agent, to remove, take, or appropri-
ate more than one copy of a newspaper from any
storefront for the purpose of (i) selling such
newspaper to any recycler; (ii) selling, trading, or
bartering such newspaper to anyone for any
payment; or (iii) depriving others of the opportu-
nity to read or enjoy such newspaper.
(3) It shall be unlawful for any person to
remove, take, or appropriate from any residen-
tial property more than one copy of a newspaper
for the purpose of (i) selling such newspaper to
any recycler; (ii) selling, trading, or bartering
such newspaper to anyone for any payment; or
(iii) depriving others of the opportunity to read or
enjoy such newspaper. This prohibition shall not
apply to the owner of such residential property, a
person residing at such property, or the autho-
rized representative of the owner of or person
residing at such property.
(4) It shall be unlawful for a recycler or any
other person or entity to purchase more than one
copy of any newspaper, or to obtain more than
one copy of any newspaper or other publication
through trade or barter, from any person ("seller")
under circumstances sufficient to give a reason-
able person knowledge that the seller has re-
moved, taken, or appropriated such newspapers
before they reached their intended reading pub-
lic. Circumstances sufficient to give a reasonable
person such knowledge include, but are not lim-
ited to, being offered for purchase, trade or
barter a bundle or bundles of multiple copies of
Sec. 630.
San Francisco - Police Code
274
the same edition of a newspaper by any person
other than a publisher, printer, distributor or
retail seller of such newspaper, or an authorized
representative of such a publisher, printer, dis-
tributor or retail seller.
(d) Record Keeping. Any recycler or other
person or entity purchasing newspapers in quan-
tities of greater than 100 pounds per transaction,
shall be required to record the following informa-
tion for each such transaction: the seller's name,
address, phone number, valid driver's license
number, automobile license plate number, amount
of newspapers, and amount paid per transaction.
Any recycler or other person required to keep
records pursuant to this Section shall maintain
such records and make them available for inspec-
tion for at least one year.
(e) Penalties. Any person or entity violat-
ing any provision of this Section shall be guilty of
a misdemeanor or an infraction. The complaint
charging such violation shall specify whether, in
the discretion of the District Attorney, the viola-
tion is a misdemeanor or infraction. If charged as
an infraction, upon conviction, the violator shall
be punished by a fine of not less than $50 or more
than $100, and/or community service, for each
provision violated. If charged as a misdemeanor,
upon conviction, the violator shall be punished
by a fine of not less than $100 or more than $500,
and/or community service, for each provision
violated, or by imprisonment in the County Jail
for a period of not more than six months, or by
both such fine and imprisonment. In any accu-
satory pleading charging a violation of this Sec-
tion, if the defendant previously has been con-
victed of a violation of this Section, each such
previous violation and conviction shall be charged
in the accusatory pleading. Any person or entity
violating any provision of this Section a second
time within a ninety-day period shall be guilty of
a misdemeanor and shall be punished by a fine of
not less than $200 and not more than $500,
and/or community service, for each provision
violated, or by imprisonment in the County Jail
for a period of not more than six months, or by
both such fine and imprisonment. Any person or
entity violating any provision of this Section a
third time, and each subsequent time, within a
ninety-day period shall be guilty of a misde-
meanor and shall be punished by a fine of not
less than $300 and not more than $500, and/or
community service, for each provision violated,
or by imprisonment in the County Jail for a
period of not more than six months, or by both
such fine and imprisonment.
(f) Severability. If any subsection, sen-
tence, clause, phrase, or word of this Section be
for any reason declared unconstitutional or in-
valid or ineffective by any court of competent
jurisdiction, such decision shall not affect the
validity or the effectiveness of the remaining
portions of this Section or any part thereof. The
Board hereby declares that it would have adopted
this Section notwithstanding the unconstitution-
ality, invalidity, or ineffectiveness of any one or
more of its subsections, sentences, clauses,
phrases, or words. (Added by Ord. 99-96, App.
3/6/96)
SEC. 633. REQUIRING DAMAGED
TRAFFIC STANDARDS TO BE
REPORTED TO CHIEF OF POLICE.
It shall be the duty of the driver of any
vehicle involved in an accident resulting in dam-
age to any traffic standard, sign or signal, pole,
fire alarm box, police telephone signal box, or
hydrant belonging to the City and County of San
Francisco, to notify, within 24 hours thereafter,
the Chief of Police of the City and County of San
Francisco of the name of the owner and driver of
said vehicle, their address, registration number
of said vehicle and the location of the property so
damaged. (Added by Ord. 1.075, App. 10/11/38)
SEC. 635. CITY AND COUNTY
BUILDINGS AND GROUNDS;
VIOLATIONS OF RULES AND
REGULATIONS RELATING THERETO
PROHIBITED.
No person shall violate or attempt to violate
any rule or regulation prescribed by the appro-
priate officer, board or commission of the City
and County for the administration and protec-
tion of any public building or grounds of said City
and County under the control and jurisdiction of
said officer, board or commission, provided that a
275
Miscellaneous Conduct Regulations
Sec. 639.
copy of said rule or regulation is posted in a
conspicuous place in the public building or grounds
to which said rule or regulation applies. (Added
by Ord. 79-72, App. 4/3/72)
SEC. 636. SECURITY REQUIREMENTS
NEW CONSTRUCTION.
Security requirements for new construction
Group R-l occupancies entry doors, locks, secu-
rity glazing, testing and approval, shall be in
accordance with the provisions of Sections 4101
through 4105 of the Building Code. Room keys or
other opening devices shall be free of hotel name
or address identification. (Amended by Ord. 537-
85, App. 12/4/85)
SEC. 636.1. SECURITY REQUIREMENTS
GROUP H OCCUPANCY BUILDINGS.
The provisions of Sections 636 through 636.3
hereof shall apply to all Group H occupancy
buildings containing three or more dwelling units
or more than five guestrooms, and includes all
apartment houses, hotels, motels and condomini-
ums. (Amended by Ord. 346-80, App. 7/3/80)
SEC. 636.2. SECURITY REQUIREMENTS
EXTERIOR DOORS.
All exterior doors directly accessible from the
ground level or by stairs or ramps and providing
entry into the Group H occupancy buildings shall
comply with Section 713 of the Housing Code.
(Amended by Ord. 346-80, App. 7/3/80)
SEC. 636.3. PENALTIES.
Any person violating any of the provisions of
Sections 4101 through 4105 of the Building Code,
Sections 713 through 714 of the Housing Code,
or Sections 636 through 636.2 of the SF Police
Code shall he charged with a misdemeanor and
upon conviction thereof, shall be punished by a
fine not exceeding $500 or by imprisonment, not
exceeding 30 days, or by both fine and imprison-
ment, and shall be deemed guilty of a separate
offense for every day such violation, disobedi-
ence, omission, neglect or refusal shall continue.
(Amended by Ord. 537-85, App. 12/4/85)
SEC. 636.4. ENFORCEMENT
AUTHORITY.
The Bureau of Building Inspection and San
Francisco Police Department have the authority
to administer and enforce the provisions of the
preceding section. (Amended by Ord. 346-80,
App. 7/3/80)
SEC. 636.5. RETROACTIVE
PROVISIONS.
Sections 636.1, 636.2 and portion of 636.2 as
applied to existing buildings (Police Code) shall
become effective one year after adoption.
(Amended by Ord. 346-80, App. 7/3/80)
SEC. 638. INTERFERENCE WITH FIRE,
ETC., TELEGRAPH SYSTEMS
PROHIBITED.
It shall be unlawful for any person, firm or
corporation to place, or cause to be placed, any
article or thing on or upon any sidewalk in such
a manner as to interfere with or obstruct the free
access or approach to any signal box of the Fire
and Police Telegraph System; or without author-
ity from the Chief of the Department of Electric-
ity to run any wire or any of the telegraph poles
or fixtures of said systems, or to run, erect or
maintain any wire across or parallel with any
wire of said system within a distance of four feet
thereof; or without authority from the Chief of
the Department of Electricity, to break, remove
or injure or cause to be broken, removed or
injured, any of the parts or appurtenances°of said
system; or without authority, to make, or fit, or
cause to be made or fitted, any key to lock of any
signal box of said system; or, without authority,
to have or retain in his possession any key
belonging to or fitted to the lock of any such
signal box; or to pick or force the lock of any such
signal box. (Added by Ord. 1.075, App. 10/11/38)
SEC. 639. MAKING FALSE ALARMS
PROHIBITED.
It shall be unlawful for any person wilfully to
make or cause to be made any false alarm of fire
or any false call for police assistance, or for the
police patrol wagon, or for any hospital ambu-
lance of the Department of Public Health, by
Sec. 639.
San Francisco - Police Code
276
means of city or any telegraph or telephone
systems, or any other way. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 640. REWARD.
(a) Every person or persons who give infor-
mation leading to the arrest and conviction, as
defined in this Section, of any person who vio-
lates Section 148.4 of the California Penal Code,
relating to the turning in of false fire alarms, in
the City and County of San Francisco, shall
receive as a reward from the City and County of
San Francisco a total sum of $500 for each such
occurrence. For the purposes of this Section and
Section 641 of this Code, "conviction" shall mean
a finding of guilty following a trial, a plea of guilt
or nolo contendere, or a plea of guilty or nolo
contendere by plea bargaining whether or not
the guilty plea or nolo contendere plea is entered
for violation of Section 148.4 of the California
Penal Code.
(b) Every person or persons who give infor-
mation leading to the arrest or, in the case of a
juvenile, the temporary detention, but not the
conviction of any person who violates Section
148.4 of the California Penal Code, relating to
the turning in of false fire alarms, in the City and
County of San Francisco, shall nevertheless re-
ceive as a reward from the City and County of
San Francisco a total sum of $500 for each such
occurrence, unless the arrested person or de-
tained juvenile is found not guilty following a
trial or juvenile court proceedings or the pros-
ecutor dismisses the charges for insufficient in-
formation. Circumstances under which the per-
son or persons providing the information shall be
eligible for the reward include but are not lim-
ited to, disposition of the charges in the following
ways:
(1) The court issues a bench warrant against
the arrested person for failure to appear in court;
(2) The court determines that the arrested
person is mentally incompetent to stand trial;
(3) The court places the arrested person in a
diversion program;
(4) The charges are dismissed because the
person is deported;
(5) Juvenile court proceedings establish that
the juvenile carried out the alleged actions; or
(6) A probation officer places the detained
juvenile in a specific program of supervision.
(c) In the event that more than one person
gives information under the circumstances speci-
fied in Section 640(a) or 640(b) regarding the
same occurrence, the total sum of $500 shall be
divided equally among the persons providing the
information. (Amended by Ord. 208-86, App.
6/6/86)
SEC. 641. PAYMENT.
The Controller is hereby authorized and di-
rected to pay from any appropriation created for
the purpose the total sum of $500 for each such
occurrence to the person or persons who give
such information leading to an arrest and con-
viction as set forth in Section 640, or the dispo-
sition of the charges by one of the other methods
specified in Section 640, provided that a claim
therefor is filed with the Controller within 60
days after the conviction or the disposition of the
charges by one of the other methods enumerated
in Section 640, and the said claim is approved by
the Chief of the Fire Department. (Amended by
Ord. 208-86, App. 6/6/86)
SEC. 642. INELIGIBLE PERSONS.
Neither a peace officer, a member of the Fire
Department, nor any person barred by Charter
provisions or statute from receiving rewards
shall be eligible to claim the said reward. (Added
by Ord. 277-69, App. 8/29/69)
SEC. 643. PUBLICATION OF OFFER.
Publication of this offer may be made through
the posting of signs by the Fire Department from
funds appropriated to the department for that
purpose. (Added by Ord. 277-69, App. 8/29/69)
SEC. 644. THE USE, SALE OR
POSSESSION OF BALLOONS INFLATED .
WITH INFLAMMABLE OR EXPLOSIVE
GASES PROHIBITED.
It shall be unlawful for any person, firm or
corporation to use, sell or possess any balloon
277
Miscellaneous Conduct Regulations
Sec. 649.
inflated with inflammable or explosive gases.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 645. ABANDONING
REFRIGERATOR EQUIPPED WITH
LOCKING DEVICES PROHIBITED.
It shall be unlawful for any person, firm or
corporation to leave or permit to remain outside
of any dwelling, building or other structure, or
within any unoccupied or abandoned building,
dwelling or other structure under his or its
control, in a place accessible to children, any
abandoned, unattended or discarded ice box,
refrigerator or other container which has an
air-tight door or lid, snaplock or other locking
device which may not be released from the in-
side, without first removing said door or lid,
snaplock or other locking device from said ice
box, refrigerator or container. (Added by Ord.
8454, Series of 1939, App. 3/17/54)
SEC. 646. PENALTY.
Any person, firm or corporation who shall
violate any of the provisions of Section 645 of this
Article shall be deemed guilty of a misdemeanor
and upon conviction thereof, shall be punishable
by a fine of not more than $500, or by imprison-
ment in the County Jail for a period of not more
than 90 days, or by both such fine and imprison-
ment. (Added by Ord. 8454, Series of 1939, App.
3/17/54)
SEC. 647. UNAUTHORIZED REMOVAL
OF SHOPPING CARTS; NOTICE,
EXCEPTIONS.
No person shall remove any shopping cart,
shopping basket, or other similar device from the
premises of any business establishment, any
parking area maintained for the customers of
said business establishment, or sidewalks and
passageways adjacent to said business establish-
ment or said parking areas, for the purposes of
temporarily using the same, or for any purpose
whatsoever, if such shopping cart, basket, or
device has securely affixed to it a sign identifying
it as belonging to said business establishment
and there is posted on the premises of said
business establishment a notification to the ef-
fect that said cart, basket or device is not to be
removed from said premises, parking areas, or
sidewalks and passageways adjacent thereto.
This Section shall not be enforceable against
any alleged violators unless there is posted at
the place or places where said carts, baskets or
devices are stored for customer use, a sign or
signs positioned and of sufficient size and legibil-
ity to be seen by an ordinarily observant person,
to notify customers and the general public of the
prohibitions set forth herein.
The provisions of this Section shall not apply
to removal of a shopping cart, shopping basket or
other similar device by the owner thereof, the
agent of said owner, an employee of said business
establishment, or by any person possessing the
written consent of said owner or the manager of
said business establishment. (Added by Ord.
263-66, App. 10/28/66)
SEC. 648. AUTOMATIC CALLING
DEVICES— USE OF REGULATED.
No person, partnership, corporation or any
other type or class of association of persons,
except a public utility engaged in the business of
providing communications services and facili-
ties, shall use or operate, attempt to use or
operate, or cause to be used or operated, or
arrange, adjust, program or otherwise provide or
install any device or combination of devices that
will upon action either mechanically, electroni-
cally or by any other automatic means, initiate a
call and deliver a recorded message to any tele-
phone number or numbers assigned to the City
and County of San Francisco by a public tele-
phone company, without the prior written con-
sent of said City and County.
The term "telephone number" includes any
additional numbers assigned by a public utility
company engaged in the business of providing
communications services and facilities to be used
by means of a rotary or other system to connect
with said City and County to such primary
number when the primary telephone number is
in use. (Added by Ord. 222-70, App. 6/25/70)
SEC. 649. APPLICATION FOR
PERMISSION TO INSTALL.
Any and all applications for the consent re-
quired by Section 648 shall be made to the Head
Sec. 649. San Francisco - Police Code 278
of the Department of the City and County of San
Francisco which has a telephone number to
which it is desired to initiate a call and/or deliver
a recorded message. The form and detail of the
application for such consent must be furnished
by the Department Head and such consent does
not take the place of any license required by law.
Said Department Head may withhold said con-
sent until satisfied that the granting of said
consent will not interfere with the operations of
his department. (Added by Ord. 222-70, App.
6/25/70)
[The next page is 331]
ARTICLE 9.1: [RESERVED]
331
San Francisco - Police Code 332
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ARTICLE 9.2: [RESERVED]
341
San Francisco - Police Code 342
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ARTICLE 9.3: [RESERVED]
351
San Francisco - Police Code 352
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ARTICLE 9.4: [RESERVED]
361
San Francisco - Police Code 362
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ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
Sec. 650.
Sec. 651.
Sec. 652.
Sec. 653.
Sec. 654.
Findings.
Definitions.
Unlawful Conduct.
Violation.
Severability.
SEC. 650. FINDINGS.
Relations between organized labor and man-
agement in this City and County have for many
years been marked by a mature adherence to the
principles of good faith, collective bargaining and
a mutual respect for the rights, interests and
well being of working people, business and in-
dustry. The importation or use in this City and
County of professional strikebreakers as replace-
ments during a strike or lockout endangers such
sound and beneficial relations between labor and
management.
Experience in this City and County and in
other parts of this country demonstrates that the
utilization of professional strikebreakers in labor
disputes is inimical to the public welfare and
good order in that such practices tend to prolong
industrial strife, frustrate collective bargaining
and encourage violence, crimes and other disor-
ders.
Persons who customarily offer themselves as
replacements during labor disputes are gener-
ally of unsavory character and accustomed to
association with undesirable elements. The in-
troduction of such persons into the community
and their employment in this City and County is
harmful to our citizens and threatens the public
peace.
The aforementioned evils are beyond the
regulation of applicable state or federal law, and
the mitigation and correction thereof requires
the exercise of the police power of this City and
County. (Added by Ord. 317-64, App. 11/30/64)
SEC. 651. DEFINITIONS.
As used in this ordinance the following words
and phrases shall unless provided otherwise
have the following definitions:
(a) "Employer": A person, partnership, firm,
corporation, association or other entity, which
employs any person or persons to perform ser-
vices for a wage or salary. "Employer" includes
any person, partnership, firm, corporation, asso-
ciation or other entity acting as an agent of an
employer, directly or indirectly.
(b) "Employee": Any person who performs
services for wages or salary under a contract of
employment, express or implied, for an em-
ployer.
(c) "Strike": Any concerted act of employees
in a lawful refusal of such employees under
applicable state or federal law to perform work
or services for an employer.
(d) "Lockout": Any refusal by an employer
to permit his employees to work as a result of a
dispute with such employees affecting wages,
hours or other terms or conditions of employ-
ment of said employees.
(e) "Professional Strikebreaker": Any per-
son (1) who during the period of five years
immediately preceding the acts described in pro-
vision (2) of this Subdivision (e) has repeatedly
offered himself to employers at whose places of
business a strike or lockout was currently in
progress, for employment for the duration of
such strike or lockout for the purpose of replac-
ing an employee or employees involved in said
strike or lockout, and (2) who currently offers
himself to an employer at whose place of busi-
ness a strike or lockout is presently in progress,
for employment for the purpose of replacing an
employee or employees involved in said strike or
lockout.
"Repeatedly," as used in the foregoing provi-
sion, is defined as meaning on two or more
371
Sec. 651.
San Francisco - Police Code
372
occasions (exclusive of any current offer for em-
ployment in connection with a current strike or
lockout).
"Employment for the duration of such strike
or lockout" shall include employment for all or
part of the duration of such strike or lockout;
and, in connection therewith, shall include ser-
vices during all or part of such strike or lockout
which began not more than one month prior to
the initiation thereof, or, in the alternative, which
concluded not later than one month after the
termination of such strike or lockout.
"Employment," as used in this Subdivision
(e), is defined as service for an employer, whether
compensated by wages, salary, or any other con-
sideration not limited to the foregoing and whether
secured, arranged or paid for by an employer or
any other person, partnership, firm, corporation,
association or other entity. (Added by Ord. 317-
64, App. 11/30/64)
SEC. 654. SEVERABILITY.
If any part of the provisions of this ordinance,
or the application thereof, to any person or
circumstance is held invalid by the final judg-
ment of a court of competent jurisdiction, the
remainder of this ordinance, including the appli-
cation of such part or provision to other persons
or circumstances, shall not be affected thereby,
and this ordinance shall otherwise continue in
full force and effect and shall otherwise be fully
operative. To this end, the provisions of this
ordinance, and each of them, are hereby declared
to be severable. (Added by Ord. 317-64, App.
11/30/64)
SEC. 652. UNLAWFUL CONDUCT.
(a) It shall be unlawful for any employer
willingly and knowingly to utilize any profes-
sional strikebreaker to replace an employee or
employees involved in a strike or lockout at a
place of business located within the City and
County of San Francisco.
(b) It shall be unlawful for any professional
strikebreaker willingly and knowingly to offer
himself for employment to replace, or to replace,
an employee or employees involved in a strike or
lockout at a place of business located within the
City and County of San Francisco. (Added by
Ord. 317-64, App. 11/30/64)
SEC. 653. VIOLATION.
Any person, partnership, firm, corporation,
association or other entity, or officer or agent
thereof, who shall violate any of the provisions of
this ordinance shall upon conviction thereof be
subject to a fine not to exceed $500 or imprison-
ment not to exceed 90 days, or both such fine and
imprisonment, in the discretion of the court.
(Added by Ord. 317-64, App. 11/30/64)
[The next page is 379]
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
Sec.
660.
Findings and Purpose.
Sec.
660.1.
Definitions.
Sec.
660.2.
Unlawful Solicitation.
Sec.
660.3.
Statement of Registration.
Sec.
660.4.
Issuance of Certificate of
Registration.
Sec.
660.4-1.
Audits.
Sec.
660.4-2.
Registration of Commercial
Fundraisers.
Sec.
660.5.
Change in Fact, Policy or
Method.
Sec.
660.6.
Certificate of Registration and
Identification Cards
Nontransferable — Return Upon
Expiration.
Sec.
660.7.
Registration Fee.
Sec.
660.8.
Solicitors' Identification Cards
and Lists of Solicitors.
Sec.
660.9.
Written Receipts Required.
Sec.
660.11.
Financial Records.
Sec.
660.12.
Public Disclosure.
Sec.
660.13.
Exceptions.
Sec.
660.14.
Penalties.
Sec.
660.14-1,
. Forfeiture.
Sec.
660.15.
City Undertaking Limited to
Promotion of General Welfare.
Sec.
660.16.
Severability.
Sec.
660.17.
Preemption.
SEC
.660. FINDINGS AND PURPOSE.
(a) The primary purpose of the public streets
and sidewalks is for use by vehicular and pedes-
trian traffic; however, state and federal courts
have determined that sidewalks are also tradi-
tional public for a for the exchange of ideas and
views protected by our Federal and State Con-
stitutions.
(b) The sale of goods, products and services
with its corresponding inquiry regarding the
quality and price of goods, bargaining over that
price, and exchange of goods, products and ser-
vices for consideration, by its nature has created
greater problems with regard to the use of the
public sidewalk than the traditional solicitation
of contributions by charitable organizations. In
particular, the unregulated sale of goods, prod-
ucts and services on the public sidewalks by
charitable organizations and persons soliciting
by sales on behalf of charitable organizations has
caused congestion and potential use of force that
threatens the safety of pedestrians attempting to
use the sidewalks and public transit for their
primary purpose. It has also interfered with
pedestrian access to private residences, Munici-
pal Railway, cable car and bus zones, and places
of business. One of the primary causes of these
problems is the sales activities on the public
sidewalks of commercial enterprises who repre-
sent that part of their profits will go to a chari-
table organization.
(c) Reasonable regulation of sidewalk sales
activities is necessary to protect the public safety,
health, welfare, as well as the substantial es-
thetic interest in preserving the beauty, solitude
and viewing areas of certain parts of the City.
The sales activities of charitable organizations
pose esthetic problems different from and greater
than those presented by street artists and other
sidewalk peddlers. Street artists sell goods of
their own making. Thus, street artists offer a
variety of goods, and the volume of their mer-
chandise is limited. On the other hand, almost
without exception, those selling on behalf of
charitable organizations peddle t-shirts and sweat-
shirts. The presence on the sidewalk of tables
piled high with sweatshirts and t-shirts is much
more visually offensive than the sale of jewelry
and other items sold by street artists and other
sidewalk vendors. Indeed, the sales activities of
charitable organizations have had the effect of
converting many areas of the City into perma-
nent flea markets.
379
Supp. No. 6, March 2007
Sec. 660.
San Francisco - Police Code
380
(d) The City repeatedly has sought to ad-
dress the problems created by the sales activities
of charitable solicitors by means less restrictive
than those set out in this legislation, including
restrictions on where charitable sales activities
may take place and the type of information that
charitable organizations must disclose. These
less restrictive measures have failed to alleviate
adequately the problems caused by the sales
activities of charitable organizations. In particu-
lar, the current locational regulations, such as
the amount of sidewalk space that must be left
for pedestrian passage, the sales of merchandise
adjacent to unloading and bus zones, and the
space between persons engaged in charitable
sales, have proved ineffective to adequately pro-
tect public health and safety. These locational
restrictions were initially intended to apply to
the sale of books, pamphlets and other purely
communicative items. Experience has taught that
the safety problems created by the sales of sweat-
shirts and other commercial merchandise by
charitable organizations are greater than those
caused by other sidewalk vending or that would
be caused by the sales of purely communicative
items. Sidewalk sweatshirt vending by chari-
table organizations consistently draws larger
crowds of prospective buyers than does sidewalk
sales by street artists and other peddlers. There-
fore, the safety concerns associated with chari-
table sales are different from those posed by
other vendors. Accordingly, different regulations
are needed. In particular, sales activities on the
building side of sidewalks, with their attendant
crowds, frequently force pedestrians to walk in
the street, which endangers those pedestrians.
(e) The San Francisco Street Artists Pro-
gram, established by a mandate of the people of
the City and County of San Francisco with the
adoption of Proposition L on November 4, 1975,
is an essential component of this City's effort to
support the work of its resident artisans. Permit-
ting the sale of merchandise in spaces desig-
nated as Street Artists spaces by persons other
than Street Artists tends to confuse the public
regarding the nature of the products sold and
adversely affects the credibility of the Street
Artists Program.
(f) The City and County of San Francisco
has a duty to safeguard its citizens from fraudu-
lent solicitors. Like other communities, San Fran-
cisco has traditionally been plagued with per-
sons defrauding its citizens by falsely representing
that they are soliciting contributions for chari-
table purposes. The most effective method for
protecting citizens from fraudulent solicitors is
to require full disclosure to the public of infor-
mation regarding the operations and purposes of
persons soliciting for charitable purposes and to
ensure that the information disclosed is truthful.
(g) The City also has a duty to preserve the
visual quality of its sidewalks, parks and plazas,
prevent the obstruction of public viewing areas,
and preserve the tranquility and special ambi-
ence of areas that have been created to provide
members of the public with zones of peace, quiet
and solitude. There are areas of the City, such as
Twin Peaks and portions of the Fisherman's
Wharf area and parks, where the Board finds
that sales activities, whether conducted by chari-
table organizations or for-profit entities, are in-
consistent with these esthetic qualities as well as
public safety. The Board also finds that because
of the unique nature of City parks, the regula-
tion of sales activities in parks is better left to
the Recreation and Parks Commission.
(h) In adopting these amendments, the Board
of Supervisors is aware that a federal appellate
court has enjoined the enforcement of Section
660.2(j) of this Article with respect to the sale of
items that are inextricably intertwined with a
political, ideological, religious or philosophical
message. The Board is also aware that the City is
pursuing a farther appeal of this ruling. The
amendments to this Article are in no way in-
tended as a substitute for the City's appeal.
Rather, these amendments are intended to re-
duce somewhat the problems caused by the sales
activities of charitable organizations, pending a
resolution of the City's appeal. (Amended by
Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/
90)
Supp. No. 6, March 2007
381
Regulations for Solicitation for Charitable Purposes
Sec. 660.2.
SEC. 660.1. DEFINITIONS.
Whenever used in this Article unless a differ-
ent meaning clearly appears from the context:
(a) "Association" shall mean any unincorpo-
rated organization or group of individuals shar-
ing a common purpose or common purposes.
(b) "Charitable Organization" shall mean
and include any person who, or any nonprofit
community organization, fraternal, benevolent,
educational, philanthropic, or service organiza-
tion, or governmental employee organization
which, solicits or obtains contributions solicited
from the public for charitable purposes of or
holds any assets solely for charitable purposes.
(c) (1) "Charitable Purpose" shall mean re-
ligious, charitable, scientific, testing for public
safety, literary, educational, or for the prevention
of cruelty to children or animals, and all other
purposes recognized as charitable under com-
mon law.
(c) (2) "Charitable Purpose" shall not be
construed to include solicitations primarily for
the direct benefit of the individual making the
solicitation.
(d) "Contributions" shall mean and include
the words alms, food, clothing, money, subscrip-
tion or property. "Contributions" shall also mean
donations under the guise of a loan of money or
property.
(e) "Department" shall mean the San Fran-
cisco Police Department.
(f) "Person" shall mean any individual, part-
nership, corporation, or association.
(g) "Public Sidewalk" shall mean all im-
proved sidewalks owned or under the control of
the City and County of San Francisco.
(h) "Solicit," "solicitation," and "solicitation
for a charitable purpose," shall mean any re-
quest, plea, entreaty, demand, or invitation, or
attempt thereof, to give money or property, that
occurs on the streets, sidewalks, or parks or
other property under the control of the City and
County of San Francisco in connection with
which:
(1) Any appeal is made for charitable pur-
poses; or
(2) The name of any charity, philanthropic
or charitable organization is used or referred to
in any such appeal as an inducement for making
any such gift; or
(3) Any statement is made to the effect that
such gift or any part thereof will go to or be used
for any charitable purpose or organization.
(i) "Sales solicitation for a charitable pur-
pose" shall mean the sale of, offer to sell, or
attempt to sell, or the solicitation or receipt of
money in exchange in whole or part for, any
advertisement, advertising space, book, card,
chance, coupon device, magazine subscription,
membership, merchandise, ticket or admission
or any other thing or service or other consider-
ation, which occurs on the streets, sidewalks,
parks or other property under the control of the
City and County of San Francisco, in connection
with which:
(1) Any appeal is made for charitable pur-
poses; or
(2) The name of any charity or philan-
thropic organization is used or referred to in any
such appeal as an inducement for making any
such sale; or
(3) Any statement is made to the effect that
the whole or any part of the proceeds from such
sale will go to or be used for any charitable
purpose or organization.
(j) "Agent" shall mean any person autho-
rized by any other person or organization to
transact some business, manage some affair, or
perform any other act, on behalf of that person or
organization.
(k) "Commercial fundraiser" shall mean any
individual, corporation, or other legal entity who
qualifies as a commercial fundraiser for chari-
table purposes as defined in California Govern-
ment Code Section 12599(a). (Amended by Ord.
106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)
SEC. 660.2. UNLAWFUL SOLICITATION.
(a) No charitable organization may solicit,
directly or through an agent or employee, any
contribution for any charitable purpose or con-
duct any sales solicitation for charitable pur-
poses activity on the streets, sidewalks, parks or
Sec. 660.2.
San Francisco - Police Code
382
other property under the control of the City and
County of San Francisco unless such charitable
organization shall have first obtained a Certifi-
cate of Registration from the Chief of Police or
his or her designate, as hereinafter provided or
has received a receipt from the Department
indicating that the organization has filed a State-
ment of Registration and is authorized to solicit
pending issuance by the Department of a Certifi-
cate of Registration.
(b) No individual, as agent or employee of
another, shall solicit contributions for a chari-
table purpose on the streets, sidewalks, parks or
other property under the control of the City and
County of San Francisco unless the charitable
organization on whose behalf the individual is
soliciting has received a Certificate of Registra-
tion or has received a receipt from the Depart-
ment indicating that the organization has filed a
Statement of Registration and is authorized to
solicit pending issuance by the Department of a
Certificate of Registration.
(c) No individual shall engage in sales so-
licitations for a charitable purpose on the streets,
sidewalks or other property under the control of
the City and County of San Francisco without
visibly displaying an identification card issued to
that individual by the Chief of Police or his or her
designate as hereinafter provided. This provi-
sion shall not be enforced with respect to a
charitable organization during the period after
the organization has obtained a receipt indicat-
ing that the organization has filed a Statement
of Registration and before the issuance to the
organization of a Certificate of Registration.
(d) (1) No individual shall solicit for a chari-
table purpose or engage in sales solicitation for a
charitable purpose on the streets, sidewalks or
other property under the control of the City and
County of San Francisco, unless, upon request
from the person solicited for information about
the organization, the solicitor shall provide to
the person a card entitled "Solicitation for Chari-
table Purposes Card." The card shall be of a size
to be prescribed by the Chief of Police or his or
her designate, signed and dated under penalty of
perjury by an individual who is a principal or
officer of the charitable organization on whose
behalf the solicitation is made.
The information on the card shall be printed
in at least 10-point type and shall include the
following:
(A) The name and address of the charitable
organization on whose behalf the money will be
collected.
(B) The name of the individual soliciting on
behalf of the charitable organization.
(C) The number of the Certificate of Regis-
tration issued to the organization by the Chief of
Police.
(D) If there is no charitable organization,
the manner in which the money collected will be
utilized for charitable purposes.
(E) The percentage of the purchase price
that will be used for charitable purposes.
(F) If the solicitation is not a sales solicita-
tion, the card may state, in place of the amount
of fund raising expenses, that an audited finan-
cial statement of such expenses may be obtained
by contacting the organization at the address
disclosed.
(G) Whether the charitable organization on
whose behalf the solicitation is made is tax
exempt under state and federal law.
(H) The percentage of the total gift or pur-
chase price which may be deducted as a chari-
table contribution under both federal and state
law. If no portion is so deductible the card shall
state that "This contribution is not tax deduct-
ible."
(I) If the charitable organization making
the solicitation represents any nongovernmental
organization by any name which includes, but is
not limited to, the term, "officer," "peace officer,"
"police," "law enforcement," "reserve officer,"
"deputy," or "deputy sheriff," which would rea-
sonably be understood to imply that the organi-
zation is composed of law enforcement person-
nel, the solicitor shall give the total number of
members in the organization and the number of
members working or living within the county
where the solicitation is being made, and if the
383
Regulations for Solicitation for Charitable Purposes
Sec. 660.2.
solicitation is for advertising, the statewide cir-
culation of the publication in which the solicited
ad will appear.
(d) (2) No individual shall engage in sales
solicitation for a charitable purpose by means of
selling goods, products or services from a station-
ary display on the streets or sidewalks or other
places held open to the public unless, in addition
to the requirements of Subsection (d)(1), the
individual displays a sign which shall contain
the name and address of the person on whose
behalf the charitable solicitation is being made,
and the fact that more information about the
charitable organization is available upon re-
quest. This sign also shall state that a receipt
must be provided to the person solicited for any
sales transaction of $5 or more and that for sales
transactions of less than $5, a receipt will be
provided upon request. The sign shall be two feet
by two feet square and shall be printed in black
36 point bold face print on a white background.
(d) (3) A volunteer who receives no com-
pensation of any type from, or in connection
with, a solicitation for a charitable organization
which has qualified for a tax exemption under
Section 501(c)(3) of the Internal Revenue Code of
1954, as amended, and who is 15 years of age or
younger, is not required to make any disclosures
pursuant to this Section.
(d) (4) When the solicitation is not a sales
solicitation, any individual may comply with the
disclosure provisions of Section 660.2(d)(1) by
providing in writing the name and address of the
charitable organization on behalf of which all or
any part of the money collected will be utilized
for charitable purposes, the charitable purposes
for which the solicitation is made and that the
information about revenues and expenses of such
organization, including its administration and
fundraising costs, may be obtained by contacting
the organization's office at the address disclosed.
Such organization shall provide such informa-
tion to the person solicited immediately upon
receipt of the request.
(e) No person, other than the Chief of Police
or his or her designate, may alter an identifica-
tion card or certificate of registration.
(f) No individual shall engage in a sales
solicitation for charitable purposes while display-
ing an identification card issued by the Chief of
Police or his or her designate in the name of
another individual.
(g) No individual shall solicit for charitable
purposes or engage in sales solicitations for
charitable purposes from any vehicle.
(h) No individual shall engage in sales so-
licitations for charitable purposes by means of
selling goods, products, services or merchandise
on the public sidewalks:
(1) Within five feet of any of the following:
(a) A space designated by the Public Works
Department of the City and County of San Fran-
cisco as a street artist space pursuant to Article
24 of the San Francisco Police Code. For the
purposes of this Subsection, the five feet shall be
measured from the outer edges of the street
artist space in each direction parallel to the
building side of the space and thence at a 90-
degree angle to the curbside and building side of
the sidewalk.
(b) A person peddling goods, products or
services pursuant to a permit issued under Ar-
ticle 17.3 or Article 13 of the San Francisco Police
Code, Article 5 of the San Francisco Public Works
Code, or any other provision of the San Francisco
Charter or San Francisco Municipal Code.
(c) A crosswalk.
(d) A fire hydrant.
(e) The end of the fire escape.
(2) Within eight feet of a person already
engaged in sales solicitations pursuant to a Cer-
tificate of Registration issued under this article.
(3) Within 10 feet from the outer edge of
any entrance to any building, including, but not
limited to, doors, driveways, emergency exits
measured in each direction parallel to the build-
ing line and thence at a 90-degree angle to the
curb.
(4) Within 18 inches of the curb line of a
sidewalk or more than 4-1/2 feet from the curb
line of a sidewalk.
Sec. 660.2.
San Francisco - Police Code
384
(5) In a space more than four feet long or
five feet high. The height of the person or per-
sons conducting the sales solicitation shall not be
considered in determining compliance with this
subsection.
(6) On any sidewalk adjacent to a curb that
has been designated pursuant to ordinance or
regulation as a bus zone or a white, blue, green,
or yellow zone.
(7) If, due to such solicitation for sales on a
public sidewalk, there remains open for the pas-
sage of pedestrians a space of less than eight feet
in width, as measured on a line perpendicular to
the curb line, from the edge of the solicitor's
activities to the edge of the sidewalk or the edge
of the building farthest from the edge of those
activities. No portion of the area occupied by the
solicitor for its activities shall be included in
measuring the eight foot space. If there are
located on a particular side of a block two or
more spaces that meet all other time, place and
manner restrictions set out in this Section and
leave available for pedestrian passage a space
more than eight feet in width, the solicitor shall
conduct his or her sales solicitation in that space
that leaves available for pedestrian travel the
maximum amount of sidewalk width.
(8) In any of the following areas:
(a) In any "P" district, as defined in Section
234 of the City Planning Code (Part II, Chapter
II, San Francisco Municipal Code), located on
Twin Peaks.
(b) On the sidewalk on the north side of
Jefferson Street between Jones and Taylor.
(i) No individual shall directly or indirectly
solicit contributions for any purpose by misrep-
resentation of his or her name, occupation, finan-
cial condition, exemption status, or residence,
and no person shall make or perpetrate any
other misstatement, deception, or fraud in con-
nection with any solicitation of any contribution
for any purpose in the City and County of San
Francisco or in any Statement of Registration or
report filed under this Article.
(j) No individual shall engage in sales solici-
tations for charitable purposes by means of sell-
ing clothing, jewelry, or any other goods, prod-
ucts, services or merchandise in any area of the
City and County of San Francisco unless that
person obtains the appropriate peddling permit
pursuant to Articles 13, 17.3 or 24 of the San
Francisco Police Code. This Section shall not
apply to the sale of books, pamphlets, buttons,
bumperstickers, posters or any other type of item
that has no intrinsic value or purpose other than
to communicate a message.
(k) Every charitable organization whose em-
ployee or agent violates any provision of this
Article also shall be deemed to have violated
such provision.
(1) Every commercial fundraiser whose em-
ployee or agent violates any provision of this
Article also shall be deemed to have violated
such provision.
(m) Sales solicitations for charitable pur-
poses occurring on property under the jurisdic-
tion of the Recreation and Parks Department
shall be regulated by the San Francisco Park
Code and written rules and regulations promul-
gated by the San Francisco Recreation and Parks
Commission. (Amended by Ord. 106-87, App.
4/3/87; Ord. 289-90, App. 8/1/90)
SEC. 660.3. STATEMENT OF
REGISTRATION.
All charitable organizations desiring to so-
licit funds for charitable purposes in the City and
County of San Francisco shall file with the Chief
of Police or his or her designate a written State-
ment of Registration, which Statement shall
contain complete information as follows:
(a) The name of the charitable organization
registering to solicit funds for charitable pur-
poses.
(b) The purpose of the solicitation and use
of the contribution to be solicited.
(c) Whether the charitable organization reg-
istering is an individual, partnership, corpora-
tion or association, and
(1) If a natural person, the person's busi-
ness or residence address and telephone number.
(2) If a partnership, the name of all the
partners and principal business address and
telephone number of each partner.
385
Regulations for Solicitation for Charitable Purposes
Sec. 660.3.
(3) If a corporation, whether it is organized
under the laws of California or is a foreign
corporation, the mailing address, business loca-
tion, and telephone number, name of the indi-
vidual in charge of the San Francisco office of the
corporation, and the names of all officers and
directors or trustees of said corporation, and if a
foreign corporation, the place of incorporation.
(4) If an association, the association's prin-
cipal business address and telephone number, if
any, and the names and principal business or
residence addresses and telephone numbers of
the officers and directors or trustees of the asso-
ciation. If the association is part of a multi-state
organization or association, the mailing address
and business location of its central office and the
mailing address and business location of its local
office.
(d) A description of the methods and means
by which the solicitation of funds is to be accom-
plished, including whether solicitations will be
accomplished by the sale of any item.
(e) A financial statement, on a form pro-
vided by the San Francisco Police Department,
setting forth all of the following information:
(1) The total revenue, contributions and simi-
lar amounts solicited or generated by sales ac-
tivities by such charitable organization or asso-
ciation or their agents or commercial fundraisers
within the City and County of San Francisco
within the 180-day period immediately preced-
ing the filing of such Statement of Registration;
(2) The gross total sales by such charitable
organization or association within the City and
County of San Francisco within the 180-day
period immediately preceding the filing of such
Statement of Registration;
(3) The total amount of expenditures by
such charitable organization or association within
the City and County of San Francisco within the
180-day period immediately preceding the filing
of such Statement of Registration;
(4) The total cost of goods sold by or on
behalf of such charitable organization or associa-
tion within the City and County of San Francisco
within the 180-day period immediately preced-
ing the filing of such Statement of Registration;
(5) The names and business addresses of all
persons or associations, including commercial
fundraising, receiving compensation or emolu-
ments from such revenue, contributions and simi-
lar amounts solicited or generated by sales ac-
tivities in the City and County of San Francisco,
and the respective amounts thereof;
(6) A detailed accounting of the allocations
made to achieve the purposes of the charitable
organization within the 180-day period immedi-
ately preceding the filing of such Statement of
Registration.
(f) If the charitable organization is a corpo-
ration, partnership, or association, a copy of the
resolution or other document issued in compli-
ance with the bylaws or internal rules of any
organization authorizing such solicitation and
authorizing a particular individual to apply for
the Certificate of Registration certified to as a
true and correct copy of the original of such
resolution by the officer of such association hav-
ing charge of the records thereof.
(g) A statement that the signers of such
Statement of Registration have read and are
familiar with the provisions of this Article and
will require all persons authorized to engage in
such solicitation to read and be familiar with all
sections of this Article prior to making any such
solicitation.
(h) A projected schedule for the next 180-
day period of salaries, fees, commissions, ex-
penses and costs to be expended and paid in
connection with the solicitation of funds or in
connection with their disbursement, an esti-
mated percentage of the total projected collec-
tions which the costs of solicitation will comprise
and what portion of the contributions collected
as a result of the solicitation will remain avail-
able for application to the specific purposes de-
clared in the Statement of Registration.
(i) The names, business mailing addresses
and telephone numbers of all individuals who
will be in direct charge or control of the solicita-
tion and disbursement of funds, and the name of
any commercial fundraiser employed or utilized
by the charitable organization during the imme-
diately preceding reporting period.
Supp. No. 6, March 2007
Sec. 660.3.
San Francisco - Police Code
386
(j) A statement to the effect that if a Certifi-
cate of Registration is granted, such Certificate
will not be used as or represented to be an
endorsement by the City or any of its officers or
employees.
(k) The names of any officer, director, trustee,
partner, or any current agent or employee engag-
ing in the solicitation of funds who has been
convicted of any felony within the past seven
years, the nature of the offense, the state where
the conviction occurred, and the year of the
conviction.
(1) Whether the applicant has received tax
exempt status from either the State of California
or the United States, or both, and a copy of its
current tax exempt determination letter, if any.
(m) If the charitable organization is a cor-
poration, partnership, or association, the State-
ment of Registration must be signed by the
person authorized to apply for the Certificate of
Registration by the resolution required in Sec-
tion 660.3 (g) and, under penalty of perjury,
declared to contain true and correct information.
If the charitable organization is an individual,
the Statement of Registration must be signed by
that individual and, under penalty of perjury,
declared to contain true and correct information.
(n) The name of an agent of the organiza-
tion for service of process. (Amended by Ord.
106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90)
SEC. 660.4. ISSUANCE OF
CERTIFICATE OF REGISTRATION.
(a) Upon the filing by a charitable organi-
zation of a Statement of Registration and the
payment of the fee required by Section 660.7,
including any fine or penalty assessed against
the organization for violation of this Article that
has been outstanding for more than 60 days, the
Chief of Police or his or her designate shall issue
to the organization a receipt that indicates that
the organization has filed a Statement of Regis-
tration and authorizes the organization to solicit
contributions for charitable purposes pending
the issuance of the Certificate of Registration.
(b) The Chief of Police or his or her desig-
nate shall, after a review of the Statement of
Registration to determine its compliance with
Section 660.3 above, and within 10 working days
of the receipt of the Statement of Registration,
either issue a Certificate of Registration or notify
the person registering that the Statement of
Registration does not comply with the require-
ments of Section 660.3 above and specifying
what information has not been furnished. Upon
receipt of that additional information, the Chief
of Police or his or her designate shall, within five
working days of the receipt of the revised State-
ment, issue a Certificate of Registration. Any
charitable organization that has received a re-
ceipt authorizing the organization to solicit con-
tributions in the City and County of San Fran-
cisco and that fails to provide the additional
information sought by the Chief shall be in
violation of this Article. Certificates of Registra-
tion shall be valid for 180 days after issuance.
(c) Any charitable organization that has ob-
tained a Certificate of Registration prior to the
most recent amendment of this Article shall
obtain a Certificate of Registration under the
amended provisions of this Article within 30
days of the effective date of the such amended
provisions. (Amended by Ord. 106-87, App. 4/3/
87; Ord. 289-90, App. 8/1/90)
SEC. 660.4-1. AUDITS.
(a) At the request of the Police Department,
the Controller of the City and County of San
Francisco shall audit for accuracy and complete-
ness any identified financial statements submit-
ted by a charitable organization under Section
660.3(e) of this Code, provided that charitable
organizations whose financial statements indi-
cate that the organization received less than
$1,000.00 in contributions from solicitations and
sales solicitations in the immediately preceding
reporting period shall not be subject to such
audits. When audits are performed, the Control-
ler shall prepare reports which shall be sent to
the San Francisco District Attorney and Califor-
nia Attorney General. The reports of the Control-
ler shall be public documents and shall contain
the Controller's findings with respect to the
Supp. No. 6, March 2007
387
Regulations for Solicitation for Charitable Purposes
Sec. 660.8.
accuracy and completeness of each statement
reviewed. The audit should be conducted with
maximum efficiency in a cost-effective manner
and should be as unobtrusive as possible consis-
tent with the foregoing purposes of the audit. No
employee or agent of the Controller shall divulge
or make known any record or information re-
ceived pursuant to this section except in further-
ance of the purposes of this section.
(b) It shall be the duty of each charitable
organization to keep such detailed accounts and
records as shall be reasonably necessary for the
Controller to conduct the audits required by this
section. (Added by Ord. 289-90, App. 8/1/90; Ord.
56-07, File No. 070090, App. 3/23/2007)
SEC. 660.4-2. REGISTRATION OF
COMMERCIAL FUNDRAISERS.
Prior to soliciting contributions on behalf of a
charitable organization, a commercial fundraiser
shall register with the Department by filing with
the Department a copy of the commercial
fundraiser's most recent registration form and
annual financial report filed with the California
Attorney General's Registry of Charitable Trusts
pursuant to California Government Code Sec-
tions 12599(b) and 12599(c). (Added by Ord.
289-90, App. 8/1/90)
SEC. 660.5. CHANGE IN FACT, POLICY
OR METHOD.
If, while any Statement of Registration is
pending, or during the term of any Certificate of
Registration granted thereon, there is any change
in fact, policy, or method that would materially
alter the information given in the Statement of
Registration, the registrant shall notify the Chief
of Police or his or her designate in writing
thereof within 48 hours after such change. Such
notice shall specifically indicate what section of
the Statement of Registration is affected by the
change, in what manner the information in that
section has been changed, and include the fee for
amendments to Statements of Registration set
by the Police Commission. (Amended by Ord.
106-87, App. 4/3/87)
SEC. 660.6. CERTIFICATE OF
REGISTRATION AND IDENTIFICATION
CARDS NONTRANSFERABLE— RETURN
UPON EXPIRATION.
No person may transfer a Certificate of Reg-
istration or identification card issued under this
Article. Certificate of Registration and identifi-
cation cards issued under this Article shall be
returned to the Chief of Police or his or her
designate within five days of its date of expira-
tion. (Amended by Ord. 106-87, App. 4/3/87; Ord.
53-89, App. 3/1/89)
SEC. 660.7. REGISTRATION FEE.
The Police Commission shall, within 180
days of the effective date of this Article as
amended, set the fees for registration and amend-
ments to Statements and Certificates of Regis-
tration, and additional identification cards, re-
quired under this Article. These fees shall be
based on the costs of issuing and amending the
Certificates of Registration and identification
cards and conducting the lottery provided for in
this Article. The Chief of Police or his or her
designate shall waive these fees if the registrant
files with the Chief of Police an affidavit signed
under penalty of perjury declaring the registrant's
inability to pay the fees would prevent the reg-
istrant from soliciting contributions for a chari-
table purpose. Pending determination of these
fees by the Police Commission, every Statement
of Registration shall be accompanied by a regis-
tration fee of $30 for solicitation of $50 for sales
solicitations to defray the costs incurred by the
City and County of San Francisco in administer-
ing the provisions of this Article. Fees collected
under this Section shall be used exclusively for
administering the provisions of this Article.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.8. SOLICITORS'
IDENTIFICATION CARDS AND LISTS OF
SOLICITORS.
Consistent with the standards and purposes
of this Article, the Chief of Police or his or her
designate shall create identification cards for
persons engaged in sales solicitations for chari-
table purposes. Each such identification card
Supp. No. 6, March 2007
Sec. 660.8.
San Francisco - Police Code
388
shall be laminated and shall bear the name and
residence or business address of the charitable
organization registering, a recent photograph of
the solicitor; to be supplied by the charitable
organization registering and to be of a size pre-
scribed by the Chief of Police or his or her
designate, the registration number, the name
and signature of the solicitor or agent, the expi-
ration date of the Certificate of Registration, and
it shall have printed prominently thereon in red:
"This identification card is not an endorsement
of the solicitation by the City and County of San
Francisco or any of its officers or employees." The
name of the organization, photograph of the
individual and statement of nonendorsement shall
appear on the front of the card with the remain-
ing information appearing on the back of the
card. This card shall be prepared and laminated
by the Chief of Police or his or her designate or,
at the election of the charitable organization, by
the charitable organization on pre-numbered cards
supplied by the Department.
The Chief of Police or his or her designate
shall issue up to five identification cards with the
Certificate of Registration without any addi-
tional charge. The registrant may obtain addi-
tional identification cards by paying to the City
its actual cost as established by resolution of the
Police Commission.
With respect to sales solicitations, the chari-
table organization registering shall maintain on
its premises or the premises of a designated
agent of the organization or, in the alternative,
shall provide to the Department, a list of the
names, addresses, identification card number,
and dates of birth of all agents and employees to
whom identification cards are issued. With re-
spect to nonsales solicitations, the charitable
organization registering shall maintain on its
premises or the premises of a designated agent of
the organization or, in the alternative, shall
provide to the Department, a list of the names of
all agents and employees authorized to solicit on
behalf of the organization. Where lists required
under this Section are maintained on the pre-
mises of the charitable organization, the chari-
table organization shall make such lists avail-
able to members of the Department upon request.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.9. WRITTEN RECEIPTS
REQUIRED.
Any person receiving money or anything hav-
ing a value of $5 or more from any contributor
under a solicitation or .sales solicitation for a
charitable purpose made pursuant to a Certifi-
cate of Registration granted under this Article,
or any person receiving money or anything hav-
ing a value of less than $5 from any contributor
under a solicitation or sales solicitation for chari-
table purposes made pursuant to a Certificate of
Registration granted under this Article when the
contributor so requests, shall give to the contribu-
tor at the time the contribution is received a
written sequentially numbered receipt signed by
the solicitor showing plainly the name and Cer-
tificate of Registration number of the charitable
organization for which the solicitation is con-
ducted, the Internal Revenue Service and Cali-
fornia Franchise Tax Board tax exempt identifi-
cation numbers, if any, the date and the amount
received, and whether the contribution, or what
part thereof, is tax deductible; provided, how-
ever, that where a solicitation is made and a
donation is received for a ticket of admission to
an event held specifically to raise money or any
other thing of value for charitable purposes, such
ticket, when retained by the contributor, shall
constitute a valid receipt if it contains the name
and Certificate of Registration number, the per-
son from whom the solicitation is conducted, the
date and location of the event, and the amount
received. This Section shall not apply to any
contributions collected by means of a sealed or
locked box or receptacle which shall have perma-
nently imprinted on it the name of the Certifi-
cate of Registration holder used in solicitation
with the written approval of the Chief of Police
or his or her designate, where it is impractical to
determine the amount of such contributions.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.11. FINANCIAL RECORDS.
The financial records of a charitable organi-
zation on whose behalf soliciting for charitable
Supp. No. 6, March 2007
389
Regulations for Solicitation for Charitable Purposes
Sec. 660.14.
purposes is conducted shall be maintained on the
basis of generally accepted accounting principles
as defined by the American Institute of Certified
Public Accountants and the Financial Account-
ing Standards Board. The disclosure require-
ments of Subsection (f) of Section 660.3 shall be
based on the same accounting principles used to
maintain the soliciting charitable organization's
financial records. (Amended by Ord. 106-87, App.
4/3/87)
SEC. 660.12. PUBLIC DISCLOSURE.
All registration and financial record state-
ments filed with the Chief of Police or his or her
designate shall be a public record and shall be
available for inspection by members of the public
during regular business hours and copies may be
obtained at a charge to be determined by the
Chief of Police or his or her designate. (Amended
by Ord. 106-87, App. 4/3/87)
SEC. 660.13. EXCEPTIONS.
(a) The provisions of this Article shall not
apply to:
(1) Any recruiting for volunteer services;
(2) Any solicitation made in the name of a
person who has died, if the solicitation is made
by members of the family of the person or the
legal guardian of the deceased person;
(3) Any solicitation made by or on behalf of
a nonprofit organization to or amount persons
who are members thereof at the time of such
solicitation, or a solicitation or solicitations made
in the form of collections or contributions at
regular assemblies or services of any such orga-
nization;
(4) Any solicitation made by an employer to
his employees, by an employee to his employer,
or by an employee to other members of the same
employee group where a common employer ex-
ists;
(5) Any solicitation made upon premises
owned or occupied by the person on whose behalf
such solicitation is made;
(6) Any solicitation in an area subject to a
street closure approved by the San Francisco
Board of Supervisors of the City and County of
San Francisco approved pursuant to San Fran-
cisco Administration Code Section 2.70 for street
fairs or other public gatherings.
(b) Persons making solicitations on behalf
of any political group or political organization
that is subject to financial disclosure under state
or federal law are not subject to the registration
or financial disclosure provisions of this Article.
(c) The provisions of this ordinance pertain-
ing to the sales activities of charitable organiza-
tions shall not apply to transactions where both
(i) the item offered for sale is not sold from tables
or other fixed locations and (ii) the item sold is
only of token value or the item is sold by a
volunteer under fourteen years of age and the
sales price of the item is less than three dollars.
(Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.14. PENALTIES.
(a) Any person violating any provision of
this Article shall be guilty of a misdemeanor or
an infraction. The complaint charging such vio-
lation shall specify whether the violation is a
misdemeanor or infraction, which decision shall
be that of the District Attorney. If charged as an
infraction, upon conviction, the violator shall be
punished by a fine of not less than $125 or more
than $250 for each provision violated. If charged
as a misdemeanor, upon conviction, the violator
shall be punished by a fine of not less than $500
or more than $600 for each provision violated or
by imprisonment in the County Jail for a period
of not more than six months, or by both such fine
and imprisonment. In any accusatory pleading
charging a violation of this Article, if the defen-
dant has been previously convicted of a violation
of this Article, each such previous violation and
conviction shall be charged in the accusatory
pleading. Any person violating any provision of
this Article a second time within a 30-day period
shall be guilty of a misdemeanor and shall be
punished by a fine of not less than $650 and not
more than $750 for each provision violated, or by
imprisonment in the County Jail for a period of
not more than six months, or by both such fine
and imprisonment. Any person violating any
provision of this Article a third time, and each
subsequent time, within a 30-day period shall be
Sec. 660.14.
San Francisco - Police Code
390
guilty of a misdemeanor and shall be punished
by a fine of not less than $750 and not more than
$1,000 for each provision violated, or by impris-
onment in the County Jail for a period of not
more than six months, or by both such fine and
imprisonment.
(b) Any person who violates or proposes to
violate any of the provisions of this Article may
be enjoined by any court of competent jurisdic-
tion. The court may make such orders or judg-
ments, including the appointment of a receiver,
as may be necessary to prevent the use or em-
ployment by any charitable organization or per-
son of any practices which violate this Article, or
which may be necessary to restore to any person
any money or property, real or personal, which
may have been required by means of any prac-
tice in this Article declared to be unlawful.
Actions for injunction under this Section may
be prosecuted by the Attorney General, the Dis-
trict Attorney, or City Attorney upon their own
complaint or upon the complaint of any board,
officer, person or by any person or charitable
organization acting for the interests of itself, its
members or the general public. In its discretion,
the court may allow the party bringing the action
reasonable costs, including attorney's fees.
(c) Any person who intentionally violates
any injunction issued pursuant to this Section
shall be liable for a civil penalty not to exceed
$6,000 for each violation. Where the conduct
constituting a violation is of a continuing nature,
each day of such conduct is a separate and
distinct violation. In determining the amount of
the civil penalty, the court shall consider all
relevant circumstances, including, but not lim-
ited to, the extent of harm caused by the conduct
constituting a violation, the nature and persis-
tence of such conduct, the length of time over
which the conduct occurred, the assets, liabilities
and net worth of the person, whether corporate
or individual, and any corrective action taken by
the defendant.
(d) If any action for violation of Subsection
(c) is brought by the Attorney General, one-half
of the penalty collected pursuant to this Section
shall be paid to the Treasurer of the City and
County of San Francisco, and one-half to the
State Treasurer for deposit in the General Fund.
If brought by the District Attorney, one-half of
the penalty collected pursuant to this Section
shall be paid to the Treasurer of the City and
County of San Francisco for deposit in a special
fund of the District Attorney to be created for the
deposit and expenditure of such funds, and one-
half shall be paid to the Treasurer of the City and
County of San Francisco for deposit in the Gen-
eral Fund. If brought by the City Attorney, one-
half of the penalty collected pursuant to this
Section shall be paid to the Treasurer of the City
and County of San Francisco for deposit in a
special fund of the City Attorney to be created for
the deposit and expenditure of such funds, and
one-half shall be paid to the Treasurer of the City
and County of San Francisco for deposit in the
General Fund. If brought by a private party,
one-half of the penalty collected pursuant to this
Section shall be paid to such the party and
one-half shall be paid to the Treasurer of the City
and County of San Francisco for deposit in the
General Fund.
(e) Any person who violates any provision of
this Article shall be liable for a civil penalty not
to exceed $2,500 for each violation, which shall
be assessed and recovered in a civil action brought
in the name of the people of the City and County
of San Francisco by the Attorney General, the
District Attorney, or the City Attorney in any
court of competent jurisdiction, upon their own
complaint or upon the complaint of any board,
officer, person or by any person or charitable
organization acting for the interests of itself, its
members or the general public. In its discretion,
the court may allow the party bringing the action
reasonable costs, including attorney's fees.
(f) If any action for violation of Subsection
(e) is brought by the Attorney General, one-half
of the penalty collected shall be paid to the
Treasurer of the City and County of San Fran-
cisco for deposit in the General Fund and one-
half to the State Treasurer. If brought by the
District Attorney, one-half of the penalty col-
lected pursuant to this Section shall be paid to
the Treasurer of the City and County of San
Francisco for deposit in a special fund of the
391
Regulations for Solicitation for Charitable Purposes
Sec. 660.14-1.
District Attorney to be created for the deposit
and expenditure of such funds, and one-half
shall be paid to the Treasurer of the City and
County of San Francisco for deposit in the Gen-
eral Fund. If brought by the City Attorney, one-
half of the penalty collected pursuant to this
section shall be paid to the Treasurer of the City
and County of San Francisco for deposit in a
special fund of the City Attorney to be created for
the deposit and expenditure of such funds, and
one-half shall be paid to the Treasurer of the City
and County of San Francisco for deposit in the
General Fund. If brought by a private party,
one-half of the penalty collected pursuant to this
Section shall be paid to such the party and
one-half shall be paid to the Treasurer of the City
and County of San Francisco for deposit in the
General Fund.
(g) Any person who intentionally or negli-
gently violates any of the reporting requirements
of this Article shall be liable in a civil action
brought by any person otherwise authorized to
file an action under this Article for an amount of
three times the amount not properly reported if
the violation was intentional or the amount not
properly reported if the violation was negligent.
(h) The remedies provided for in this Sec-
tion are cumulative to each other and to the
remedies or penalties available under all other
laws of the City and County of San Francisco and
the State of California.
(i) If two or more persons are responsible
for any violation of this Article, they shall be
jointly and severably liable. (Amended by Ord.
106-87, App. 4/3/87; Ord. 53-89, App. 3/1/89; Ord.
289-90, App. 8/1/90)
SEC. 660.14-1. FORFEITURE.
(a) Any item of merchandise sold or offered
for sale in violation of Section 660.2(j) of this
Article which is in the possession of the City and
County of San Francisco is subject to forfeiture
pursuant to this section, provided that so long as
the injunction imposed by the United States
Court of Appeals for the Ninth Circuit in Case
Number 88-1904 remains in effect, this section
shall not apply to goods the sale of which is
inextricably intertwined with a statement carry-
ing a religious, political, philosophical or ideo-
logical message.
(b) An action to forfeit matter described in
Subdivision (a) may be brought by the District
Attorney or the City Attorney. Proceedings shall
be initiated by a petition of forfeiture filed in the
Superior Court.
(c) The prosecuting agency shall make ser-
vice of process of a notice regarding that petition
upon every individual who may have a property
interest in the property, which notice shall state
that any interested party may file a verified
claim with the Superior Court stating the amount
of their claimed interest and an affirmation or
denial of the prosecuting agency's allegation. If
the notices cannot be given by registered mail or
personal delivery, the notice shall be published
for at least three successive weeks in a newspa-
per of general circulation in the county where the
property is located. All notices shall set forth the
time within which a claim of interest in the goods
seized is required to be filed.
(d) (1) Any person claiming an interest in
the property or proceeds may, at any time within
30 days from the date of the first publication of
the notice of seizure, or within 30 days after
receipt of actual notice, file with the Superior
Court a verified claim stating his or her interest
in the property. A verified copy of the claim shall
be given by the claimant to the District Attorney
or City Attorney, as appropriate.
(2) If, at the end of the time set forth in
paragraph (1), an interested person has not filed
a claim, the court, upon motion, shall declare
that the person has defaulted upon his or her
alleged interest, and it shall be subject to forfei-
ture upon proof of compliance with Subdivision
(c). All goods forfeited under this section shall be
donated to charitable organizations having tax-
exempt status under Section 501(c)(3) of the
United States Internal Revenue Code for the
purpose of having those goods distributed to
those in need free of charge.
(e) The burden shall be on the petitioner to
prove beyond a reasonable doubt that matter is
subject to forfeiture pursuant to this section.
Sec. 660.14-1.
San Francisco - Police Code
392
(f) It shall not be necessary to seek or obtain
a criminal conviction prior to the entry of an
order for the forfeiture of property pursuant to
this section. Any property described in Subdivi-
sion (a) which is in the possession of the City and
County obtained as the result of a case in which
no trial was had or which has been disposed of by
way of dismissal or otherwise than by way of
conviction may be ordered forfeited. (Added by
Ord. 289-90, App. 8/1/90)
SEC. 660.15. CITY UNDERTAKING
LIMITED TO PROMOTION OF GENERAL
WELFARE.
In undertaking the adoption and enforce-
ment of this ordinance, the City and County is
assuming an undertaking only to promote the
general welfare. It is not assuming, nor is it
imposing on its officers and employees, an obli-
gation for breach of which it is liable in money
damages to any person who claims that such
breach proximately caused injury. (Amended by
Ord. 106-87, App. 4/3/87)
SEC. 660.16. SEVERABILITY.
If any part of the ordinance, or the applica-
tion thereof, to any person, charitable organiza-
tion or circumstance is held invalid by the final
judgment of a court of competent jurisdiction,
the remainder of this ordinance, including the
application of such part or provision to other
persons, charitable organizations or circum-
stances, shall not be affected thereby, and this
ordinance shall otherwise continue in full force
and effect and shall otherwise be fully operative.
To this end, the provisions of this ordinance, and
each of them, are hereby declared to be sever-
able. (Amended by Ord. 106-87, App. 4/3/87)
SEC. 660.17. PREEMPTION.
In adopting this Article, the Board of Super-
visors recognizes that it may not preempt or
supersede, nor does it intend to preempt or
supersede, any state law or regulation related to
the use of public sidewalks, including those re-
lated to obstruction of public sidewalks. Further,
in adopting this legislation, the Board of Super-
visors does not intent to repeal or amend any
ordinance or regulation related to the use of the
public sidewalks, including, but not limited to,
Police Code Sections 22 through 24, exclusive,
related to the obstruction of public sidewalks.
(Amended by Ord. 106-87, App. 4/3/87)
[The next page is 417]
ARTICLE 10: REGULATIONS FOR ADVERTISING
Sec. 665. Regulating Advertisement of
Sale of Second-Hand or
Defective Merchandise.
Sec. 666. Signs — Gasoline Sales — Prices.
Sec. 667. Signs — Dry Cleaning and
Laundry Services — Prices.
Sec. 674. Tobacco Advertising and
Promotion Prohibited.
Sec. 680. Advertising Vehicles Prohibited
on City Streets.
Sec. 681. [Reserved.]
Sec. 702. Advertising on Street Car
Windows Prohibited —
Exceptions.
Sec. 703. Penalty.
Sec. 708. Display of Bulletin Board of
Intelligence Office Near Street
Prohibited.
Sec. 709. Posting Signs on Private
Property Prohibited; Penalty for
Violation.
Sec. 710. Findings.
Sec. 710.1. Definitions.
Sec. 710.2. On Street Sales Prohibited;
Exception; Removal of Vehicles
Authorized.
Sec. 710.3. Penalty.
Sec. 710.4. Severability.
SEC. 665. REGULATING
ADVERTISEMENT OF SALE OF
SECOND-HAND OR DEFECTIVE
MERCHANDISE.
It shall be unlawful for any person, firm or
corporation, in any newspaper, magazine, circu-
lar, form letter or any open publication, pub-
lished, distributed, or circulated in the City and
County of San Francisco, or on any billboard,
card, label or other advertising medium, or by
means of any other advertising device, to adver-
tise, call attention to, or give publicity to the sale
of any merchandise, which merchandise is second-
hand or used merchandise, or which merchan-
dise is defective in any manner, or which mer-
chandise consists of articles or units or parts
known as "seconds," or blemished merchandise,
or which merchandise has been rejected by the
manufacturer thereof as not first class, unless
there be conspicuously displayed directly in con-
nection with the name and description of such
merchandise and each specified article, unit or
part thereof, a direct and unequivocable state-
ment, phrase, or word which will clearly indicate
that such merchandise or each article, unit or
part thereof so advertised is second-hand, used,
defective, or consists of "seconds" or is blemished
merchandise, or has been rejected by the manu-
facturer thereof, as the fact shall be. (Added by
Ord. 1.075, App. 10/11/38)
SEC. 666.
PRICES.
SIGNS— GASOLINE SALES—
(a) Every person, firm, partnership, associa-
tion, trustee, or corporation which owns, oper-
ates, manages, leases or rents a gasoline service
station offering for sale, selling or otherwise
dispensing gasoline or other motor vehicle fuel to
the public from such a gasoline service station
abutting or adjacent to a street or highway shall
post or cause to be posted or displayed and
maintain at said premises at least one sign,
banner or other advertising medium which is
clearly visible from all traffic lanes in each
direction on such street or highway.
Each said sign, banner or other advertising
medium shall be readable from said traffic lanes
and shall indicate thereon the actual price per
gallon, including all taxes, at which each grade
of gasoline or other motor vehicle fuel is cur-
rently being offered for sale, sold or otherwise
dispensed, if at all, at said gasoline service
station on said date.
417
Supp. No. 1, September 2006
Sec. 666.
San Francisco - Police Code
418
(b) Every person, firm, partnership, associa-
tion, trustee or corporation which owns, oper-
ates, manages, leases or rents a facility other
than a gasoline service station which, as an
incidental part of its operation, offers for sale,
sells or otherwise dispenses gasoline or other
motor vehicle fuel to the public from such a
facility shall post or cause to be posted or dis-
played and maintain at said premises at least
one sign, banner or other advertising medium
which is clearly visible to any motorist upon
entry to said facility.
Each said sign, banner or other advertising
medium shall be readable upon said entry and
shall indicate thereon the actual price per gallon,
including all taxes, at which each grade of gaso-
line or other motor vehicle fuel is currently being
offered for sale, sold or otherwise dispensed, if at
all, at said facility on said date.
(c) No person, firm, partnership, associa-
tion, trustee or corporation which owns, oper-
ates, manages, leases or rents a gasoline service
station or other facility offered for sale, selling or
otherwise dispensing gasoline or other motor
vehicle fuel to the public shall advertise, either
in connection with any signs, banners or other
advertising medium utilized to satisfy the re-
quirements of this Section or otherwise, the price
of any grade of gasoline or other motor vehicle
fuel which is not immediately available to be sold
or dispensed to the public at said premises.
(d) Each sign, banner or other advertising
medium posted, displayed or maintained pursu-
ant to requirements of this Section shall not be
inconsistent with the provisions of Article 8 of
Chapter 7 of Division 8 (Section 20880 et seq.) of
the State of California Business and Professions
Code.
(e) Penalty. Violation of this ordinance or
any of its provisions constitutes a misdemeanor.
Any person, whether an individual, corporation
or other business entity and whether as princi-
pal, agent, employee or otherwise, convicted of a
violation of this ordinance or of any of its provi-
sions shall be punished by a fine of not to exceed
$500 or by imprisonment in the County Jail for
not more than six months or by both such fine
and imprisonment. This Chapter shall be en-
forced by the Department of Agriculture and
Weights and Measures as defined in Section
20707 of the Business and Professions Code of
the State of California, which shall have author-
ity to make arrests and to issue written notices
to appear as provided in Section 836.5 of the
Penal Code of the State of California. (Amended
by Ord. 541-74, App. 12/19/74)
SEC. 667. SIGNS— DRY CLEANING AND
LAUNDRY SERVICES— PRICES.
(a) Every person, firm, partnership, associa-
tion, franchise, or corporation which owns, oper-
ates, manages, leases, or rents a business offer-
ing to perform the service of dry cleaning or
laundering articles made of fabric shall post or
cause to be posted or displayed and maintain at
said premises at least one sign, banner or other
advertising medium which is clearly visible at
the point of sale.
Each such sign, banner or other advertising
medium shall indicate thereon the actual price
per article of clothing at which each dry cleaning
or laundering service is being offered at said dry
cleaning or laundry establishment. Whenever
the listed charge is increased for special or
nonstandardized handling that may be neces-
sary, a price range shall be stated for each
garment and the actual price charged shall not
exceed the maximum price of the range. Notice of
such pricing policy shall also be stated in the
posting.
(b) Penalty. Pursuant to Section 36900 (a)
and (b) of the Government Code of the State of
California, violation of the provisions of this
Section by any person, whether an individual,
corporation or other business entity and whether
as principal, agent, employee or otherwise, shall
be an infraction. Every violation is punishable by
(1) a fine not exceeding $100 for a first violation;
(2) a fine not exceeding $200 for a second viola-
tion; (3) a fine not exceeding $500 for a third or
more violations of the same ordinance within one
year. (Added by Ord. 191-89, App. 6/5/89)
Supp. No. 1, September 2006
419
Regulations for Advertising
Sec. 674.
SEC. 674. TOBACCO ADVERTISING AND
PROMOTION PROHIBITED.
(a) Title. This Section shall be known as
the Prohibition of Tobacco Advertising and Pro-
motion Ordinance.
(b) Definitions.
(1) "Tobacco product" shall mean any sub-
stance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipes, tobacco, snuff,
chewing tobacco and dipping tobacco.
(2) "Advertising display sign" shall mean a
sign, signboard, billboard, poster, freestanding
sign or banner that is temporarily or perma-
nently placed on or affixed to the ground, the
sidewalk, a pole or post, or a building, or is
displayed in the windows or doors of a commer-
cial establishment, and that is used to advertise
or promote products.
(3) "Promote" or "promotion" shall include a
display of any logo, brand name, character, graph-
ics, colors, scenes, or designs that are trade-
marks of a particular brand of tobacco product.
(4) "Publicly visible location" shall mean
any outdoor location that is visible from any
street, sidewalk, or other public thoroughfare, or
any location inside a commercial establishment
immediately adjacent to a window or door where
such location is visible from any street, sidewalk,
or other public thoroughfare.
(5) "Person" shall include any individual,
firm, partnership, cooperative association, pri-
vate corporation, personal representative, re-
ceiver, trustee, assignee or other legal entity.
(6) "Designated department" means any City
department that the County Agricultural Com-
missioner-Sealer of Weights and Measures has
designated to assist with the implementation
and enforcement of this Section.
(c) Tobacco Advertising Prohibited. No
person shall place or maintain, or cause or allow
to be placed or maintained, in any manner any
advertising or promotion of cigarettes or tobacco
products on a billboard or advertising display
sign in a publicly visible location in the City.
(d) Exceptions. This Section shall not ap-
ply to advertising or promotions for tobacco prod-
ucts:
(1) Located inside a commercial establish-
ment, unless such advertising display sign or
promotion is attached to, affixed to, leaning
against, or otherwise in contact with any window
or door in such a manner that it is visible from a
street, sidewalk or other public thoroughfare;
(2) On billboards located within 660 feet of
any highway, excluding Van Ness Avenue and
Lombard Street, if the billboard is oriented so as
to be visible from the highway, except as prohib-
ited by federal, State or other local law;
(3) On vehicles;
(4) On any sign located inside or immedi-
ately outside a commercial establishment if the
sign provides notice that the establishment sells
tobacco products, so long as the sign does not
promote any brand of tobacco product;
(5) On tobacco product packaging.
(e) Effective Date. This Section shall be-
come operative six months after the date it is
finally adopted.
(f) Administration and Enforcement.
(1) Except as otherwise provided, this Sec-
tion shall be administered and enforced by the
Department of Agriculture/Weights and Mea-
sures.
(2) The County Agricultural Commissioner-
Sealer of Weights and Measures shall develop
guidelines, as appropriate, to ensure proper imple-
mentation and enforcement of this Section. At
the request of the County Agricultural Commis-
sioner-Sealer of Weights and Measures, other
City departments such as the Department of
Public Works and the Planning Department shall
assist with the implementation and enforcement
of this Section.
(3) The County Agricultural Commissioner-
Sealer of Weights and Measures or a designated
department shall review and act upon any writ-
ten complaint submitted by any private citizen
or City officer or employee concerning any adver-
tising or promotion prohibited by this Section,
within 30 days of receipt of the complaint. The
Supp. No. 1, September 2006
Sec. 674.
San Francisco - Police Code
420
County Agricultural Commissioner-Sealer of
Weights and Measures or a designated depart-
ment shall serve notice requiring correction of
any violation of this Section upon the person
responsible for the advertising display sign or
promotion prohibited by this Section. The notice
shall specify a date by which the violation shall
be corrected. For billboards that display material
prohibited by this Section, the date specified
shall provide at least five days for correction. For
all other violations, the date specified shall pro-
vide at least two days for correction.
(4) The City Attorney is authorized to en-
force this Section by appropriate civil action. No
such action shall be commenced, however, unless
and until the County Agricultural Commissioner-
Sealer of Weights and Measures or a designated
department has issued a notice requiring correc-
tion to any person responsible for any advertis-
ing display or promotion prohibited by this Sec-
tion, the time specified in the notice has passed,
and the responsible person has failed to comply
with this Section. However, if three notices re-
quiring the correction of any violation of this
Section (whether the violation involves the same
or different displays) are served on any person
within a 30-day period, the City Attorney may
pursue the remedies set forth in this Section
against that person without the serving of an-
other notice, if the additional violation occurs
within 90 days of the serving of the third notice.
(5) Violation of this Section shall constitute
grounds for injunctive relief. In addition, any
person who violates or refuses to comply with the
provisions of this Section shall be liable for a civil
penalty of $100 a day for each violation, which
penalty shall be assessed and recovered in a civil
action brought in the name of the People of the
City and County of San Francisco in any court of
competent jurisdiction. Each separate display of
tobacco advertising or promotion prohibited by
this Section shall be considered a separate vio-
lation. Each day such violation is committed or
permitted to continue shall constitute a separate
violation. In those instances in which a notice of
correction is required by this Section, there shall
be no penalty assessed for displays that occur
during the period of time allowed for correction.
Any penalty assessed and recovered in an action
brought pursuant to this paragraph shall be paid
to the Treasurer of the City and County of San
Francisco. The person against whom a penalty is
assessed, or against whom an injunction is ob-
tained, also shall be liable for the costs of attorney's
fees incurred by the City and County of San
Francisco in bringing any civil action to enforce
the provisions of this Section.
(6) For purposes of determining liability of
persons, firms or corporations controlling fran-
chises or business operations in multiple loca-
tions, each individual franchise or business loca-
tion shall be deemed a separate entity.
(g) Intent as to Additional Legal Restric-
tions and Remedies.
(1) Nothing in this Section is intended to
alter the obligations or restrictions that apply to
any person under any other law governing signs,
billboards, tobacco advertising or any other mat-
ter covered by this Section.
(2) The remedies set forth in this Section
are not exclusive. If any action prohibited by this
Section is also unlawful under any other law, the
penalties and remedies under such other laws
may be pursued in addition to those provided in
this Section.
(h) Disclaimers. By prohibiting the adver-
tising or promotion of tobacco products in out-
door or publicly visible locations, the City and
County of San Francisco is assuming an under-
taking only to promote the general welfare. It is
not assuming, nor is it imposing on its officers
and employees, an obligation for breach of which
it is liable in money damages to any person who
claims that such breach proximately caused in-
jury.
(i) Severability. If any provision of this
Section or its application to any person or cir-
cumstance is held invalid, this Section, to the
extent it can be given effect, or the application of
this Section to persons other than the person to
whom it is held invalid, shall not be affected
thereby, and to this end, the provisions of this
Section are severable. (Added by Ord. 1-98, App.
1/16/98; amended by Ord. 187-04, File No. 040759,
App. 7/22/2004)
Supp. No. 1, September 2006
421
Regulations for Advertising
Sec. 680.
SEC. 680. ADVERTISING VEHICLES
PROHIBITED ON CITY STREETS.
(a) Findings and Purpose. The inherent
primary purpose of commercial advertising ve-
hicles is to display commercial advertising on
public streets. By their nature, commercial ad-
vertising vehicles are intended to distract, and
aim to capture and hold the attention of, mem-
bers of the public on or adjoining public streets,
including drivers, pedestrians, bicyclists, and
others. Moreover, such vehicles display commer-
cial advertising from a mobile platform, includ-
ing while the vehicle is moving within the flow of
traffic, potentially stopping, starting, or turning
abruptly, accentuating the inherent tendency of
such advertising to seize attention and to dis-
tract. Additionally, the use of motor vehicles to
display commercial advertising creates exhaust
emissions. For these reasons, the Board of Su-
pervisors finds that commercial advertising ve-
hicles create aesthetic blight and visual clutter
and create potential and actual traffic and health
and safety hazards. The purposes of this section
are (1) to promote the public health, safety and
welfare of motorists, pedestrians, bicyclists, and
others using the City's public streets and road-
ways and adjoining areas, by eliminating the
aesthetic blight and visual clutter and traffic and
safety hazards caused by the operation of com-
mercial advertising vehicles on the City's streets;
(2) to reduce congestion on the City's streets; (3)
to reduce exhaust emissions, by eliminating as
an emissions source a type of commercial adver-
tising display whose use may require continuous
or extensive operation of motor vehicle engines;
(4) to protect public investment in and the char-
acter and dignity of the City's streets; and (5) to
aid in the attraction of tourists and other visitors
who are so important to the economy of the City.
This section is not intended to regulate any
non-commercial speech, including non-commer-
cial advertising or signage.
(b) Prohibition. No person may operate
any commercial advertising vehicle in or on any
public street in the City and County of San
Francisco.
(c) Definitions. As used in this Section, the
following terms shall have the following mean-
ings:
(1) "City" means the City and County of San
Francisco.
(2) "Commercial advertising vehicle" means
a motor vehicle that is carrying, towing, or
otherwise displaying any commercial advertis-
ing sign, unless the vehicle is used primarily to
transport passengers or goods.
(3) "Commercial advertising sign" means a
banner, placard, poster, card, picture, sign or
display that does no more than propose a com-
mercial transaction.
(d) Enforcement.
(1) The Police Department shall issue a
written notice of violation concerning, and requir-
ing the immediate correction of, any violation of
this Section to the driver of any commercial
advertising vehicle that is being driven or used
in violation of this Section, as well as to the
owner or other person responsible for the ve-
hicle, if the identity of that owner or other person
is known or readily ascertainable. If issued to the
driver of a commercial advertising vehicle, the
notice shall require the driver to inform the
owner or other person responsible for the opera-
tion of the commercial advertising vehicle of the
notice and of the violation to which it relates.
Notice to the driver of a commercial advertising
vehicle under this subsection shall be deemed
notice to the owner or other person responsible
for the operation of the vehicle.
(2) The City Attorney is authorized to en-
force this Section by appropriate civil action. No
such action shall be commenced against any
person unless and until the Police Department
has issued a notice of violation requiring correc-
tion to that person, as specified above, and that
person has failed to comply with this Section and
with that notice. In any civil action brought to
enforce this Section, the City Attorney may pur-
sue the remedies set forth in this Section for the
violation of this Section that is subject of the
notice, as well as for any subsequent violations of
this Section that have occurred within one year
after the issuance of the notice without regard to
Supp. No. 1, September 2006
Sec. 680.
San Francisco ■ Police Code
422
whether the Police Department issued subse-
quent notices concerning those subsequent vio-
lations.
(3) Violation of this Section shall constitute
grounds for injunctive relief. In addition, any
person who violates or refuses to comply with the
provisions of this Section shall be liable for a civil
penalty which shall be assessed and recovered in
a civil action brought in the name of the People of
the City and County of San Francisco in any
court of competent jurisdiction. Each separate
display of commercial advertising prohibited by
this Section, and each day that a violation of this
Section is committed or permitted to continue,
shall constitute a separate violation. The amount
of such civil penalty shall be $250 for the first
violation, $350 for the second violation, and $500
for each subsequent violation of this Section. Any
penalty assessed and recovered in an action
brought pursuant to this paragraph shall be paid
to the Treasurer of the City and County of San
Francisco. The person against whom a penalty is
assessed, or against whom an injunction is ob-
tained, also shall be liable for the costs and
attorney's fees incurred by the City and County
of San Francisco in bringing any civil action to
enforce the provisions of this Section.
(4) Violation of this Section shall not consti-
tute a criminal offense.
(5) In any action brought to enforce this
Section, the City Attorney may also seek any
remedies available under state or federal law.
(Added by Ord. 70-92, App. 3/4/92; amended by
Ord. 234-00, File No. 001261, App. 10/13/00)
SEC. 681. [RESERVED.]
Editor's Note:
Ord. 214-06, File No. 060826, approved August 7,
2006, repealed § 681 which pertained to parking of
vehicles for commercial advertising purposes prohib-
ited. The user's attention is directed to § 63.3 of the
Traffic Code for similar provisions.
SEC. 702. ADVERTISING ON STREET
CAR WINDOWS PROHIBITED—
EXCEPTIONS.
It shall be unlawful for any person, firm or
corporation operating street railways within the
City and County of San Francisco, to post or
allow to be posted on the windows of street cars
operated on the streets of the City and County of
San Francisco, any form of advertisement; pro-
vided, however, that the terms of this Section
shall not prohibit the making use of street car
windows for the purpose of advertising matters
necessary to the operation of said street rail-
ways, or announcements regularly made by the
Red Cross, United States or Municipal govern-
ment authority. (Added by Ord. 1.075, App. 10/
11/38)
SEC. 703. PENALTY.
Any person, firm or corporation violating any
of the terms or provisions of Section 702 of this
Article shall be deemed guilty of a misdemeanor,
and, upon conviction thereof shall be punished
by a fine of not more than $500. (Added by Ord.
1.075, App. 10/11/38)
SEC. 708. DISPLAY OF BULLETIN
BOARD OF INTELLIGENCE OFFICE
NEAR STREET PROHIBITED.
It shall be unlawful for any person keeping
an intelligence office in the City and County of
San Francisco to display the bulletin of said
office, or the notices of employment or of labor, or
of services desired or offered, so near to the
street as to cause a crowd to assemble, or remain
on the street or sidewalk in front of said office, or
to display the same within 10 feet of the inner
line of the sidewalk in front of said office. (Added
by Ord. 1.075, App. 10/11/38)
SEC. 709. POSTING SIGNS ON PRIVATE
PROPERTY PROHIBITED; PENALTY FOR
VIOLATION.
(a) (1) When used in this Section, the term
"sign" shall mean any card, banner, handbill, or
poster or any object containing or bearing writ-
ing, drawing, painting, figures, designs or sym-
bols.
(2) When used in this Section, the term
"person" shall mean any individual, association,
corporation, political party, religious body, or
organization of any kind, but it does not include
Supp. No. 1, September 2006
423
Regulations for Advertising
Sec. 710.2.
public officers or employees in the performance
of their duties or persons acting under authority
of law.
(b) It shall be unlawful for any person to
post or affix any sign to the exterior surfaces of
any structure, including any building, on private
property without consent of the owner of such
property or the person in lawful possession of
such property. If any sign has been posted in a
manner described in this Section and remains so
posted on the effective date of this ordinance, it
shall be unlawful for any person who so posted it
or caused it to be so posted to fail to remove that
sign within a reasonable period of time after so
being informed.
(c) Any person violating Section 709 of this
Code shall be deemed guilty of an infraction, and
upon such conviction shall be fined not less than
$50 nor more than $500. (Added by Ord. 364-82,
App. 7/30/82)
SEC. 710. FINDINGS.
The Board of Supervisors of the City and
County of San Francisco hereby finds and de-
clares that: (a) there is a critical shortage of
on-street parking places in the residential areas
of the City and County; (b) the critical shortage
is exacerbated by the fact that many single-
family residences and apartment buildings have
either no garages or have fewer garages than
dwelling units; (c) that many residents of the
City and County already find they must park
many blocks from their residence; (d) that the
critical parking shortage is further exacerbated
by the practice of people parking vehicles on the
street in residential areas for days at a time for
the sole purpose of displaying same for private
sale; (e) that because of the critical need for
parking in the residential neighborhoods, the
City must now regulate the use of residential
area on-street parking spaces for purposes of
selling vehicles; (f) to promote the safety and
welfare of the residents of the City and County of
San Francisco and to assure an equitable method
of regulation, it is necessary to regulate the
display of vehicles for the purpose of sale in
on-street parking spaces. (Added by Ord. 10-86,
App. 1/17/86)
SEC. 710.1. DEFINITIONS.
(a) "City" shall mean the City and County of
San Francisco.
(b) "Display for sale" shall mean to place a
vehicle upon the public streets for the purpose of
offering the vehicle for sale or for soliciting offers
to purchase the vehicle.
(c) "Owner" shall mean any person, firm,
partnership, corporation, or association whose
name appears on the registration document as
the registered owner for the automobile on file
with the State Department of Motor Vehicles.
(d) "Park" or "parking" shall mean the stand-
ing of a vehicle, whether occupied or not, other-
wise than temporarily for the purpose of and
while actually engaged in loading or unloading
merchandise or passengers.
(e) "Police Department" shall mean the Chief
of Police or the designee thereof.
(f) "Residence of Owner" shall mean the
residence of the registered owner of the vehicle
as shown on the vehicle registration papers
issued by the Department of Motor Vehicles or on
file with Department of Motor Vehicles.
(g) "Vehicle" shall mean any device by which
any person or property may be propelled, moved,
or drawn upon a street or highway excepting a
device moved by human power or used exclu-
sively upon stationary rails or tracks or any
object placed thereon. (Added by Ord. 10-86,
App. 1/17/86)
SEC. 710.2. ON STREET SALES
PROHIBITED; EXCEPTION; REMOVAL
OF VEHICLES AUTHORIZED.
It shall be unlawful for any person to park a
vehicle on an on-street parking place for the
purpose of displaying same for sale unless the
vehicle is parked within 600 feet of the residence
of the registered owner of the vehicle. Pursuant
to Section 22651.9 of the California Vehicle Code,
any vehicle parked on any street or highway
within the City and County of San Francisco in
violation of this Section may be removed and
impounded in accordance with Article 9 of the
San Francisco Traffic Code, provided that (a)
such vehicle has been issued a notice of parking
Supp. No. 1, September 2006
Sec. 710.2. San Francisco - Police Code 424
violation for violation of this Section within the
past 30 days, (b) such previous notice of parking
violation was accompanied by a warning that an
additional violation may result in the removal
and impoundment of the vehicle, (c) a subse-
quent notice of parking violation was issued at
least 24 hours prior to the removal of the vehicle,
and (d) any other conditions to the removal of the
vehicle set forth in Section 22651.9 of the Cali-
fornia Vehicle Code have been satisfied. (Added
by Ord. 10-86, App. 1/17/86; amended by Ord.
332-93, App. 10/22/93; Ord. 347-93, App. 11/31/
93; Ord. 213-95, App. 6/30/95)
SEC. 710.3. PENALTY.
Violations of this Article shall be punishable
as an infraction, punishable by a fine of not more
than $100 for each violation. (Added by Ord.
10-86, App. 1/17/86)
SEC. 710.4. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase in this Article
or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by a
court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the
remaining portions of this ordinance or any part
thereof. The Board of Supervisors of the City
hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sen-
tence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional, invalid or
ineffective. (Added by Ord. 10-86, App. 1/17/86)
[The next page is 435] Supp. No. 1, September 2006
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR
DRAWINGS ON NEWSRACKS
Sec. 715. Definitions.
Sec. 716. Newsracks on Sidewalks.
Sec. 717. Provisions for Removal — Notice
Requirements.
Sec. 718. Public Nuisance Declared.
Sec. 719. Penalty Provision Not
Applicable.
Sec. 720. Severability.
SEC. 715. DEFINITIONS.
(a) "Person" is an individual, firm, partner-
ship, joint adventure, association, social club,
fraternal organization, joint stock company, cor-
poration, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combi-
nation acting as a unit, excepting the United
States of America, the State of California, or any
political subdivision thereof.
(b) "Street" is a way or place of whatever
nature, publicly maintained and open to the use
of the public.
(c) "Sidewalk" is that portion of a street
other than the roadway, set apart by curbs,
barriers, markings or other delineation for pe-
destrian traffic.
(d) "Newsrack" is any self-service or coin-
operated box, container, storage unit, or other
dispenser installed, used, or maintained for the
display and sale of newspapers or news periodi-
cals. (Added by Ord. 66-75, App. 3/7/75)
SEC. 716. NEWSRACKS ON SIDEWALKS.
No person shall sell, offer for sale, or keep or
maintain any newspaper or news periodical in
any newsrack located on any public sidewalk or
street in such a manner as to expose to the public
view any photograph, cartoon or drawing, con-
tained within such publication, displaying any of
the following:
(1) The genitals, pubic hair, buttocks, natal
cleft, perineum, anal region or pubic hair region
of any person other than a child under the age of
puberty;
(2) Any portion of the breast, at or below
the areola thereof, of any female person, other
than a child under the age of puberty. (Added by
Ord. 66-75, App. 3/7/75)
SEC. 717. PROVISIONS FOR
REMOVAL— NOTICE REQUIREMENTS.
Any newsrack installed, used or maintained
in violation of the provisions of this Article shall
be removed to a place of storage by the Chief of
Police or any officer or employee designated by
him. Within 24 hours after the seizure of the
newsrack, Saturdays, Sundays and holidays ex-
cluded, the Chief of Police shall notify the owner
by certified mail of the removal of the newsrack
at the address affixed thereto; if no address or
telephone number is affixed to the newsrack, the
Chief of Police shall make such notification as is
reasonably indicated by the contents of the news-
rack. Upon failure of the owner to claim such
newsrack and pay the expenses of removal and
storage within 30 days after such removal, said
newsrack shall be disposed of pursuant to the
provisions of Section 1400 of Part II, Chapter
VIII of the San Francisco Municipal Code (Police
Code). (Added by Ord. 66-75, App. 3/7/75)
SEC. 718. PUBLIC NUISANCE
DECLARED.
The Board of Supervisors of the City and
County of San Francisco finds and declares that
the maintenance of newsracks on public side-
walks and parkways containing newspapers and
news periodicals that contain photographs and
drawings, visible to the public view while in said
newsracks, of those portions of nude human
bodies as specified in Section 716 of the San
Francisco Police Code, constitutes a public nui-
sance upon the sidewalks and parkways of said
City and County, and the ready availability of
such creates a condition wherein enforcement of
the Penal Code of the State of California regard-
435
Sec. 718. San Francisco ■ Police Code 436
ing the sale of harmful matter to minors becomes
extremely difficult, and the City and County,
through its law enforcement agencies, is unable
to enforce the provisions of the Penal Code
relating to harmful matter as it should be en-
forced. (Added by Ord. 66-75, App. 3/7/75)
SEC. 719. PENALTY PROVISION NOT
APPLICABLE.
Section 16 of Ordinance No. 1.075 (Bill No.
1734) shall not apply to the provisions of this
Article. (Added by Ord. 66-75, App. 3/7/75)
SEC. 720. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article
or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the
remaining portions of this Article or any part
thereof. The Board of Supervisors hereby de-
clares that it would have passed each section,
subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 66-75, App. 3/7/75)
[The next page is 441]
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
Sec. 750. Operating Conditions for
Computer Rental Businesses.
Sec. 751. Signage.
Sec. 752. Penalty.
Sec. 753. Severability; Savings Clause.
SEC. 750. OPERATING CONDITIONS
FOR COMPUTER RENTAL BUSINESSES.
Any person who owns or operates ("Opera-
tor") a business the primary operations of which
are for the on-premises rental of computer time
("Computer Rental Business") shall comply with
the mandatory conditions and standards set forth
in this Section. For purposes of this section, the
on-premises rental of computer time shall be
deemed to be the primary operations of the
business if 90% or more of its annual gross
revenue is derived from the on-premises rental
of computers.
(a) An operator of a Computer Rental Busi-
ness may not knowingly rent or allow the
operator's employees to knowingly rent joysticks,
game pads, or other game controllers, or rent
time on a computer for purposes of playing
computer games, to any person under the age of
17 ("minor") during the school year from the day
after Labor Day to Memorial Day, Monday through
Friday, except legal holidays, between the hours
of 8:00 a.m. and 3:00 p.m., and between the
hours of 11:00 p.m. and 8:00 a.m. on all days
preceding school days. For purposes of this sec-
tion, "computer games" shall mean hardware
and computer programs and associated data
capable of generating a display on a computer
monitor, television screen, liquid crystal display
or similar medium for playing an interactive
game designed for recreational or entertainment
purposes. This section shall not apply if the
minor is accompanied by a parent, legal guard-
ian or authorized agent of the School District or
school in which the minor is enrolled, or the
minor provides verifiable documentation from
the School District or school that he or she is not
scheduled to be attending classes at that time.
(b) All Computer Rental Businesses shall
employ or provide adult attendants or supervi-
sors, age 18 or over, at a ratio of not less than one
attendant/supervisor for each 25 computers. The
attendants/supervisors shall supervise the pa-
trons on and about the premises to prevent
conduct by patrons that is injurious to the health,
safety and general welfare of other patrons and
the public.
(c) An operator of a Computer Rental Busi-
ness may not maintain a waiting list in excess of
the seating capacity of its waiting area.
(d) An operator of a Computer Rental Busi-
ness shall post the hours of operation and com-
puter rental rates in a conspicuous place.
(e) Members of the Police Department shall
have access to any Computer Rental Business
regulated by this Section at any and all times the
business is in operation, and may inspect the
premises to ensure compliance with this Section.
(f) Nothing in this Article may be construed
to prohibit any person operating a Computer
Rental Business from obtaining an extended
hours premises permit pursuant to Article 15.2
of the Police Code. (Added by Ord. 40-05, File No.
041488, App. 2/26/2005)
SEC. 751. SIGNAGE.
An operator of a Computer Rental Business
may post a sign or signs on or in the immediate
vicinity of the cash register stating "MINORS
NOT ALLOWED DURING SCHOOL HOURS
FOR PURPOSES OF PLAYING COMPUTER
GAMES" or words of similar meaning, which
sign may refer to this ordinance. (Added by Ord.
40-05, File No. 041488, App. 2/26/2005)
SEC. 752. PENALTY.
Any person who violates any provision of
Section 750 shall be guilty of an infraction, the
penalty for which shall be as follows:
(a) A fine of $100 for the first violation;
441
Sec. 752. San Francisco - Police Code 442
(b) A fine of $250 for a second violation
occurring within six months of a prior violation;
and
(c) A fine of $750 for a third and each
subsequent violation occurring within six months
of a prior violation. (Added by Ord. 40-05, File
No. 041488, App. 2/26/2005)
SEC. 753. SEVERABILITY; SAVINGS
CLAUSE.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article,
or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the
remaining portions of this Article. The Board of
Supervisors hereby declares that it would have
passed each section, subsection, subdivision, para-
graph, clause and phrase thereof irrespective of
whether any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or
phrases be held unconstitutional or invalid or
ineffective. (Added by Ord. 40-05, File No. 041488,
App. 2/26/2005)
[The next page is 449]
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
Sec.
Sec.
766.
770.
Penalty.
Providing for Permits For
Operators of Miniature Golf
Courses.
Sec.
Sec.
770.1.
771.
Filing Fee.
"Miniature Golf Course"
Defined.
Sec.
Sec.
772.
773.
Regulations by Department of
Electricity.
Regulations For Operation of
Miniature Golf Course.
Sec.
774.
Revocation of Permit.
Sec.
Sec.
Sec.
775.
777.
778.
Closing Time.
Radio Regulations.
License Fee.
Sec.
779.
Construction Permit.
Sec.
Sec.
780.
781.
Posting.
Penalty.
Sec. 748.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 764.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
Sec. 765.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
SEC. 766. PENALTY.
Any person who shall violate the provisions
of Sections 764 and 765 of this Article shall be
guilty of a misdemeanor, and, upon conviction,
shall be punishable by a fine of not less than $10
nor more than $25, or imprisonment in the
County Jail not less than two days nor more than
10 days, or by both such fine and imprisonment.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 770. PROVIDING FOR PERMITS
FOR OPERATORS OF MINIATURE GOLF
COURSES.
Any person, firm or corporation hereafter
desiring to establish, conduct or operate a min-
iature golf course shall file a written application
with the Police Department, which application
shall state the name and address of the applicant
and the proposed location of said miniature golf
course and whether same is to be conducted
indoors or outdoors.
The Police Department, in its discretion, af-
ter posting notice of said application upon the
premises for not less than 10 days, may issue, or
deny, permits to establish, conduct and operate
miniature golf courses, and such permits shall be
revocable by said Department as hereinafter
provided. Permits shall not be transferred with-
out application to and approval by the Police
Department. (Added by Ord. 1.075, App. 10/11/
38)
SEC. 770.1. FILING FEE.
Every person, firm or corporation desiring a
permit pursuant to Section 770 of this Article
shall file an application with the Chief of Police
upon a form provided by said Chief of Police and
shall pay a filing fee. (Added by Ord. 555-81,
App. 11/12/81)
SEC. 771. "MINIATURE GOLF COURSE"
DEFINED.
The term "Miniature Golf Course" as used in
Sections 770 to 780, inclusive, of this Article,
shall include putting courses, golf practice courses,
golf nets and golf schools. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 772. REGULATIONS BY
DEPARTMENT OF ELECTRICITY.
In addition to the inspection of the electrical
installation the Department of Electricity is hereby
authorized to regulate the placing and erecting
449
Sec. 772.
San Francisco - Police Code
450
of all flood lights, reflector lights and all lighting
units on miniature golf courses now existing or
hereafter established to prevent objectionable
glare being thrown directly upon any street or
thoroughfare, window or door of any hotel, apart-
ment, fiat, residence, hospital, or any other struc-
ture which would constitute a nuisance or endan-
ger life. (Added by Ord. 1.075, App. 10/11/38)
SEC. 773. REGULATIONS FOR
OPERATION OF MINIATURE GOLF
COURSE.
No person attending or playing upon any
miniature golf course shall thereon cause, and no
person, firm or corporation owning, conducting
or operating any miniature golf course, shall
permit or suffer thereon to be caused, any loud,
boisterous, unusual or disorderly noise, sound,
tumult, or outcry. Any noise, sound or outcry
occurring between 10:00 p.m. and 9:00 a.m. and
capable of being heard more than 26 feet from
the exterior boundaries of any miniature golf
course is hereby declared to be, and shall be
conclusively determined to be, loud, boisterous,
unusual and disorderly. In any prosecution for a
violation of Sections 770 to 780, inclusive, of this
Article, or in any proceeding for a revocation of
permit, as hereinafter provided, the establish-
ment of the fact of any such noise, sound or
outcry as herein defined, shall conclusively im-
pute responsibility therefor to the person, firm or
corporation owning, operating or conducting said
miniature golf course and it shall be conclusively
determined therefrom that said noise, sound or
outcry was permitted or suffered to be caused by
said person, firm or corporation. (Added by Ord.
1.075, App. 10/11/38)
SEC. 774. REVOCATION OF PERMIT.
In the event of any violation of Sections 770
to 780, inclusive, of this Article, or in the event of
any conduct, maintenance or operation of any
miniature golf course in such manner as to
disturb the peace, constitute a nuisance, depre-
ciate the value of any hotel, apartment, rooming-
house, flat, residence or hospital or as to annoy
or disturb any roomer, lessee, tenant or occupant
therein, the Police Department shall have power,
upon hearing to show cause, to revoke any per-
mit issued by it for the operation of any minia-
ture golf course. (Added by Ord. 1.075, App.
10/11/38)
SEC. 775. CLOSING TIME.
All outdoor miniature golf courses within 100
feet of any occupied hotel, apartment house,
rooming house, flat, residence, hospital or other
dwelling, shall be closed between the hours of
12:00 p.m. and 7:00 a.m. The foregoing closing
limitations shall not apply to any outdoor min-
iature golf course as to which the owners or
operators thereof shall have procured from all
owners and lessees of any occupied hotel, apart-
ment house, rooming house, flat, residence, hos-
pital, and other dwelling situated within 100 feet
of the exterior boundaries of said golf course, the
written consents of said owners and lessees to
the continued operation of such golf course after
the closing hours herein provided, and said con-
sents shall have been filed with the Police De-
partment. During the hours which said outdoor
courses must remain closed as herein designated
all illuminating devices shall remain turned off.
(Added by Ord. 1.075, App. 10/11/38)
Sec. 776.
(Added by Ord. 1.075, App. 10/11/38; repealed by
Ord. 14-02, File No. 011845, App. 2/8/2002)
SEC. 777. RADIO REGULATIONS.
All radios, sound amplifiers, phonographs or
other music producing apparatus shall be turned
off or stopped on outdoor miniature golf courses
between 10:00 p.m. and 10:00 a.m. (Added by
Ord. 1.075, App. 10/11/38)
SEC. 778. LICENSE FEE.
On presentation of a permit to operate a
miniature golf course the Tax Collector is hereby
authorized to issue a license for said miniature
golf course upon payment of the license fee,
annually in advance for each fiscal year com-
mencing on the first day of July. (Amended by
Ord. 555-81, App. 11/12/81)
451 Regulations for Amusements Sec. 781.
SEC. 779. CONSTRUCTION PERMIT.
No permit shall be granted by the Police
Department until and after applicant has ob-
tained a construction permit from the Director of
Public Works. (Added by Ord. 1.075, App. 10/11/
38)
SEC. 780. POSTING.
A copy of Sections 770 to 781, inclusive, of
this Article shall be posted and maintained in a
conspicuous place on such golf course. (Added by
Ord. 1.075, App. 10/11/38)
SEC. 781. PENALTY.
Any person, firm or corporation violating any
of the provisions of Sections 770 to 780, inclu-
sive, of this Article, shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall
be punishable by a fine not to exceed $250, or by
imprisonment in the County Jail not exceeding
90 days, or by both such fine and imprisonment.
(Added by Ord. 1.075, App. 10/11/38)
Sec. 781. San Francisco - Police Code 452
[The next page is 461]
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
Sec. 788. Commercial Display of Dead
Human Bodies.
SEC. 788. COMMERCIAL DISPLAY OF
DEAD HUMAN BODIES.
(a) It shall be unlawful to display to the
public all or part of a dead human body or bodies
for consideration or commercial purposes with-
out valid written authorization from the de-
ceased, which consent may be given in the last
will of the deceased, or by a person who has the
right to control the disposition of the remains
pursuant to California Health and Safety Code
Sections 7100 et seq., as amended, or any suc-
cessor legislation. The Director of Public Health
or the Director's designee shall determine the
adequacy of the documentation offered to estab-
lish consent.
(b) The provisions of this Section shall not
apply to the display of human remains:
(1) More than 100 years old;
(2) Consisting solely of human teeth or hair;
(3) As part of the ordinary display or view-
ing of the deceased at a licensed funeral estab-
lishment under Article 2, Chapter 12, Division 3
of the California Business and Professions Code
(beginning with Section 7615), as amended, or
any successor legislation, or as part of a similar
funeral or memorial service; or,
(4) As objects of religious veneration.
(c) Any human remains in the possession of
an institution accredited by the American Asso-
ciation of Museums, or in the possession of a
museum facility of an accredited college or uni-
versity, shall be presumed to be held in compli-
ance with this Section.
(d) Violation of this Section shall be a mis-
demeanor, punishable by imprisonment in the
county jail for a period not to exceed one year, a
fine not to exceed $1,000, or both. The City
Attorney may also bring a civil action to enjoin a
violation of this Section. (Added by Ord. 222-05,
File No. 051034, App. 9/9/2005)
461
Sec. 788. San Francisco - Police Code 462
[The next page is 469]
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES
PERMIT AND LICENSE PROVISIONS
Sec. 791. Definitions.
Sec. 791.1. Regulations of Signs.
Sec. 791.2. Visibility From the Street.
Sec. 791.3. Penalty — Misdemeanor or
Infraction.
Sec. 791.4. Effective Date.
SEC. 791. DEFINITIONS.
For the purpose of this Article, the following
words and phrases shall mean and include:
(a) Adult Bookstore. An establishment hav-
ing 25 percent or more of its total inventory or
product lines books, magazines or periodicals
which are distinguished or characterized by their
emphasis on matter depicting, describing or re-
lating to "Specified Sexual Activities" or "Speci-
fied Anatomical Areas" as defined herein, or an
establishment which devotes 25 percent or more
of its floor or display space to the sale or display
of such material. The term "product line" refers
to items which are all identical, such as numer-
ous copies of the same book or periodical.
(b) Adult Theater. A theater as defined
herein which is used more than 10 percent of its
presentation time, measured on an annual basis,
for the exhibition or display of entertainment
which is distinguished or characterized by an
emphasis on matter depicting, describing or re-
lating to "Specified Sexual Activities" or "Speci-
fied Anatomical Areas" as defined herein.
(c) Specified Sexual Activities.
1 . Human genitals in a state of sexual stimu-
lation or arousal;
2. Acts of human masturbation, sexual in-
tercourse or sodomy;
3. Fondling or other erotic touching of hu-
man genitals, pubic region, buttock or female
breast.
(d) Specified Anatomical Areas.
1. Less than completely and opaquely cov-
ered
(a) Human genitals, pubic hair, buttock,
natal cleft, perineum, anal region, and
(b) Female breast at or below the areola
thereof; and
2. Human male genitals in a discernibly
turgid state, even if completely and opaquely
covered.
(e) Person. An individual, firm, partner-
ship, joint adventure, association, social club,
fraternal organization, joint stock company, cor-
poration, estate trust, business trust, receiver,
trustee, syndicate, or any other group or combi-
nation acting as a unit excepting the United
States of America, the State of California, and
any political subdivision of either thereof.
(f) Entertainment. Any act, play, revue,
pantomime, scene, song, dance act, or song and
dance act, conducted or participated in by one or
more persons, whether or not such person or
persons are compensated for such performance.
(g) Operator. Any person operating an adult
theater or an adult bookstore in the City and
County of San Francisco, including, but not
limited to, the owner or proprietor of such pre-
mises, lessee, sublessee, mortgagee in posses-
sion, or any other person operating such adult
theater or adult bookstore.
(h) Theater. A building or part of a building
intended to be used for the specific purposes of
presenting entertainment, as defined herein, or
displaying motion pictures, slides or closed cir-
cuit television pictures before an individual or
assemblage of persons, whether such assem-
blage be of a public, restricted or private nature,
except a home or private dwelling and for which
no fee, by way of an admission charge, is made.
(Amended by Ord. 99-85, App. 2/25/85)
469
Sec. 791.1.
San Francisco ■ Police Code
470
SEC. 791.1. REGULATIONS OF SIGNS.
It shall be unlawful for the operator of an
adult theater or adult bookstore in the City and
County of San Francisco to place or cause to be
placed or maintained in such a location as can be
viewed by persons on any public street, any sign
or signs, photographic, pictorial or other graphic
representations, that depict in whole or in part
the following:
(1) Acts or simulated acts of sexual inter-
course, masturbation, sodomy, bestiality, oral
copulation or flagellation.
(2) Scenes wherein a person displays the
vulva or the anus or the genitals.
(3) Scenes wherein artificial devices are em-
ployed to depict, or drawings are employed to
portray, any of the prohibited signs, photographs
or graphic representations described above.
(Amended by Ord. 99-85, App. 2/25/85)
(3) Upon a third conviction thereof, such
person shall be punished by a fine not to be less
than $400 nor to exceed $500;
(b) If charged as a misdemeanor the pen-
alty, upon conviction of such person, shall be by
imprisonment in the County Jail for a period not
to exceed six months or by a fine not exceeding
$1,000, or by both such fine and imprisonment;
(c) The complaint charging such violation
shall specify whether the violation charged is a
misdemeanor or an infraction. (Amended by Ord.
99-85, App. 2/25/85)
SEC. 791.4. EFFECTIVE DATE.
The provisions of this ordinance shall not
become effective until May 1, 1985. (Amended by
Ord. 99-85, App. 2/25/85)
SEC. 791.2. VISIBILITY FROM THE
STREET.
No operator of an adult theater or adult
bookstore in the City and County of San Fran-
cisco shall permit, or cause to be permitted, any
stock in trade which depicts, describes or relates
to "Specified Sexual Activities" or "Specified Ana-
tomical Areas," as defined herein, to be viewed
from the street, sidewalk or highway. (Amended
by Ord. 99-85, App. 2/25/85)
SEC. 791.3. PENALTY— MISDEMEANOR
OR INFRACTION.
Any operator of an adult theater or an adult
bookstore who knowingly violates or permits to
be violated any provision of this Article shall be
guilty of an infraction or a misdemeanor.
(a) If charged as an infraction the penalty
shall be as follows:
(1) Upon a first conviction thereof, such
person shall be punished by a fine not to be less
than $50 nor to exceed $500;
(2) Upon a second conviction thereof, such
person shall be punished by a fine not to be less
than $250 nor to exceed $500;
[The next page is 477]
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
Sec. 795.
Sec. 800.
Sec. 801.
Sec. 806.
Sec. 812.1.
Sec. 817.
Sec. 822.
Sec. 825.
Sec. 825.1.
Sec. 826.
Sec. 831.
Sec. 832.
Sec. 835.
Sec. 835.5.
Sec. 836.
Sec. 837.
Sec. 837.5.
Requiring Repairers and Storers
of Damaged Automobiles and
Public Garages to Keep Records
Thereof.
Requiring Private Garages on
Sidewalk Lines to Have
Suitable Doors and Locks.
Doors to be Latched — Exception.
Requiring Owners of Private
Garages to Report Motor
Vehicles Stored Therein.
Requiring Keepers of Garages,
Lots and Trailer Parks to
Report Motor Vehicles Stored
Therein When Ownership of
Vehicle is Unknown.
Requiring Wreckers of Motor
Vehicles to Keep Records.
Purchase, Sale, Possession of
Motor Vehicle Tires Without
Identification Marks Prohibited.
Duties of Person in Charge of
Garage or Parking Lot.
Requiring Private Parking Lots
to Provide Adequate Lighting or
a Security Guard.
Conditions for Acceptance for
Storage or Parking.
Exception as to Disabled Motor
Vehicle.
Notice of Charges to be Posted.
Receipt for Vehicle.
Fixed Location Valet Parking
and Special Event Valet
Parking Permits.
Application for Permits.
Investigation, Hearing and
Issuance of Permits.
Permit Revocation.
Rules and Regulations;
Additional Requirements.
Sec. 838. Requirements For Permittee's
Employees.
Sec. 838.5. Conformance With Applicable
Laws.
Sec. 839. Severability.
SEC. 795. REQUIRING REPAIRERS AND
STORERS OF DAMAGED AUTOMOBILES
AND PUBLIC GARAGES TO KEEP
RECORDS THEREOF.
Every person, firm or corporation engaged
within the City and County of San Francisco in
the business of repairing automobiles and every
person, firm or corporation conducting a public
garage and every person, firm, corporation en-
gaged in the storage of automobiles shall keep a
record of the receipt for repair or storage of every
damaged, partly demolished or injured automo-
bile, which shall at all times be open to the
inspection of the Chief of Police or any officer
detailed by him. Such record shall contain the
name and address of the person, firm or corpo-
ration from whom such automobile was pur-
chased or taken in exchange or for storage or to
whom sold, the name and make, state license
number, motor numbers, style and seating capac-
ity thereof, a full and complete description of the
damages, demolition or injury and the cause and
date thereof and the name and address of the
owner thereof as ascertained from the person,
firm or corporation from whom such automobile
was received. Said record shall be written in the
English language in a clear and legible manner.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 800. REQUIRING PRIVATE
GARAGES ON SIDEWALK LINES TO
HAVE SUITABLE DOORS AND LOCKS.
All private automobile garages having en-
trances at the sidewalk line shall have well
constructed doors and suitable locks. (Added by
Ord. 1.075, App. 10/11/38)
477
Sec. 801.
San Francisco - Police Code
478
SEC. 801. DOORS TO BE LATCHED—
EXCEPTION.
The doors of all private automobile garages
as described in Section 800 of this Article shall be
kept closed and securely latched, except when
occupied by some person authorized to be in said
garage or when said doors are opened to permit
the entrance or exit of an automobile. (Added by
Ord. 1.075, App. 10/11/38)
SEC. 806. REQUIRING OWNERS OF
PRIVATE GARAGES TO REPORT MOTOR
VEHICLES STORED THEREIN.
Every person, firm or corporation having the
ownership, charge or custody of any building or
premises used for the purpose of a private garage
shall, whenever said garage or premises are used
or occupied for the storage of any automobile,
motor vehicle, motorcycle or automobile accesso-
ries of any kind or description, not his own,
within 24 hours report such fact in writing to the
Chief of Police of the City and County of San
Francisco together with the names and ad-
dresses of the person, firm or corporation so
using the same. (Added by Ord. 1.075, App.
10/11/38)
SEC. 812.1. REQUIRING KEEPERS OF
GARAGES, LOTS AND TRAILER PARKS
TO REPORT MOTOR VEHICLES STORED
THEREIN WHEN OWNERSHIP OF
VEHICLE IS UNKNOWN.
Whenever any vehicle of a type required to be
registered under the California Vehicle Code has
been stored or parked in a garage, or lot or trailer
park, for 10 days, and the ownership of said
vehicle is unknown to the keeper thereof, said
keeper shall thereupon report the presence of
said vehicle in writing to the Chief of Police of
the City and County of San Francisco within 48
hours. (Added by Ord. 6345, Series of 1939, App.
11/22/50)
SEC. 817. REQUIRING WRECKERS OF
MOTOR VEHICLES TO KEEP RECORDS.
Every person, firm or corporation engaged in
the business of wrecking automobiles, motor
vehicles or motorcycles shall keep a record of the
wrecking of such articles which shall at all times
be open to the inspection of the Chief of Police or
any officer detailed by him and shall within 24
hours after the receipt of such automobiles, mo-
tor vehicles or motorcycles make out and deliver
to the Chief of Police a full and complete record of
the description of such automobile, motor vehicle
or motorcycle, such description to show the name
of the person from whom purchased, or received,
the make, state license number, motor number,
body number, manufacturer's number, generator
number, starter number, carburetor number, mag-
neto number, storage battery number, radiator
number and speedometer number or any other
serial number, or any other mark of identifica-
tion whatsoever, style and seating capacity of
such automobile, motor vehicle, or motorcycle.
Said report shall be written in the English lan-
guage in a clear and legible manner on blanks
furnished by the Chief of Police. (Added by Ord.
1.075, App. 10/11/38)
SEC. 822. PURCHASE, SALE,
POSSESSION OF MOTOR VEHICLE
TIRES WITHOUT IDENTIFICATION
MARKS PROHIBITED.
Any person, firm or corporation who buys,
sells, receives, disposes of, conceals, or know-
ingly has in his possession any automobile tire or
casing, motor vehicle tire or casing, motorcycle
tire or casing from which identification marks
have been obliterated or removed, defaced or
changed, covered or destroyed, either in whole or
in part, for the purpose of depriving the owner
thereof of his property right therein, shall be
guilty of a misdemeanor. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 825. DUTIES OF PERSON IN
CHARGE OF GARAGE OR PARKING LOT.
Whenever any owner or operator of any mo-
tor vehicle offers the same for storage, temporary
or permanent, in any public garage or parking
lot in the City and County of San Francisco it
shall be the duty of the owner or proprietor of
said garage or parking lot to care for said motor
vehicle in said garage or parking lot. If the
garage or parking lot is incapable of receiving or
479
Regulations for Automobiles
Sec. 832.
storing any additional motor vehicles and if that
fact is known to the owner or proprietor of said
garage or parking lot, it shall be the duty of said
owner or proprietor to advise the owner or op-
erator of said motor vehicle that the garage or
parking lot cannot receive, care for, or store said
motor vehicle. If, with the consent of the owner
or operator of said motor vehicle, the owner or
proprietor of said garage or parking lot accepts
the storage or parking of the motor vehicle, it
shall be the duty of said owner or proprietor to
store or park the motor vehicle in the nearest
garage or parking lot in which storage space is
available unless otherwise directed by the owner
or operator of said motor vehicle. It shall be the
duty of the owner of proprietor of said garage or
parking lot at which said motor vehicle is offered
for storage or parking, when called upon to so do,
to return said motor vehicle to the owner or
operator thereof who offered the same for stor-
age or parking at the garage or parking lot where
the same was offered for storage or parking. It
shall be unlawful for the owner or proprietor of
any garage or parking lot at which any motor
vehicle is offered for storage or parking to park,
or permit the same to be parked, on any public
street, square, alley or other public place; pro-
vided, however, that nothing in this Article shall
prevent the owner or proprietor of any garage or
parking lot from storing said motor vehicle in
any other garage or parking lot owned by him or
her or under his or her control. (Amended by
Ord. 156-85, App. 3/28/85)
SEC. 825.1. REQUIRING PRIVATE
PARKING LOTS TO PROVIDE ADEQUATE
LIGHTING OR A SECURITY GUARD.
It shall be the duty of every owner or propri-
etor of a private parking lot in the City and
County of San Francisco providing parking fa-
cilities to the general public for a fee to provide
either lighting to one candle foot power adequate
to illuminate the entire lot or a security guard
between the hours of dusk and 2:30 a.m. Each
owner or proprietor shall have two years from
the effective date of this ordinance, or until their
lease is renewed, whichever comes first, to com-
ply with the requirements of this Section. (Added
by Ord. 73-86, App. ' 3/14/86; amended by Ord.
248-87, App. 7/2/87)
SEC. 826. CONDITIONS FOR
ACCEPTANCE FOR STORAGE OR
PARKING.
No owner or proprietor of any garage or
parking lot shall accept the storage or parking of
any motor vehicle in any garage or parking lot
unless the motor vehicle is offered for storage or
parking by the owner or operator thereof, except
when the motor vehicle is offered for storage or
care through any hotel at which the owner or
operator of said motor vehicle is, or is about to
become, a bona fide guest or the motor vehicle is
offered for storage or parking by any authorized
employee of the holder of a fixed location valet
parking permit or special event valet parking
permit as provided for in this Article. No permit
holder shall act as a solicitor for the storage or
parking of motor vehicles except with the writ-
ten authorization of the owner or proprietor of
the garage or parking lot in which said motor
vehicle is to be stored or parked. Said written
authorization shall be maintained throughout
the life of the permit. (Amended by Ord. 156-85,
App. 3/28/85)
SEC. 831. EXCEPTION AS TO DISABLED
MOTOR VEHICLE.
Nothing in Sections 825 to 832, inclusive, of
this Article shall apply to the parking or storage,
or to the soliciting of the parking or storage, of
disabled motor vehicles. (Added by Ord. 151,
Series of 1939, App. 5/9/39)
SEC. 832. NOTICE OF CHARGES TO BE
POSTED. RECEIPT FOR VEHICLE.
The owner or proprietor of any garage or
parking lot shall at all times keep posted in a
conspicuous place in said garage or on said
parking lot a list of the charges to be made for
the storage or parking of any motor vehicle, and
said owner or proprietor shall not charge any
higher price, rate or fee for the storing or parking
of any motor vehicle than the price so listed.
Every solicitor for the storage or parking of any
motor vehicle shall, on request of the owner or
operator thereof, give to said owner or operator
of said motor vehicle accepted for storage or
parking, a receipt for said motor vehicle accepted
Sec. 832.
San Francisco - Police Code
480
for storage or parking, which said receipt shall
show the name and location of the garage or
parking lot in which said motor vehicle is to be
stored or parked. (Added by Ord. 151, Series of
1939, App. 5/9/39)
SEC. 835. FIXED LOCATION VALET
PARKING AND SPECIAL EVENT VALET
PARKING PERMITS.
No corporation, partnership or other busi-
ness entity or employee thereof shall solicit the
storage or parking of any motor vehicle for which
a parking space may or may not be rented unless
the corporation, partnership or business entity
holds a valid and unrevoked valet parking per-
mit issued by the Chief of Police to so do.
(a) A fixed location valet parking permit
shall be required for any valet parking operator
who performs valet parking services at a restau-
rant or other place of public assembly which
utilizes valet parking services on a daily or
regularly scheduled basis. Any location which
uses valet parking services more than once each
week and more than 52 times per year requires a
fixed location permit. Application for location
valet parking permits shall include verification
by the owner of an off-street parking garage or
lot that a specified number of parking spaces will
be guaranteed for the use of the applicant.
A holder of a fixed location valet parking
permit may assess the owner or operator of a
motor vehicle which it accepts for valet parking a
reasonable fee for its services; provided, that the
person who has hired the permittee has agreed
in writing that fees may be charged of such
owners and operators, that the permittee meets
all applicable parking tax obligations which may
be connected with such charges, and further
provided, that the permittee shall provide each
such owner and operator with advance notice of
the applicable fees to be charged.
(b) Any annual special event valet parking
permit shall be required of any valet parking
operator who performs valet parking services at
locations other than those defined as fixed loca-
tions in Subdivision (a) of this Section.
Special event valet parking permit holders
shall provide the appropriate Police Department
District Station(s) with seven days' advance writ-
ten notice of the location, date and hours of each
special event valet parking operation which they
may thereafter perform, or, if seven days' notice
is impossible, the permit holders shall notify the
District Station(s) as soon after the permit holder's
services are engaged for any event as is possible.
The District Station Captain shall have the right
to prohibit the use of a special event valet
parking permit at a given location if he or she
finds that there are insufficient on-street park-
ing spaces in the locale and the permit holder
has presented no adequate plan to park the
vehicles legally.
There shall be no appeal from the Captain's
denial unless the notice of an intended event at a
particular location has been given twenty days
before the event, in which case appeal shall lie
only to the Chief of Police, or his or her desig-
nate.
No holder of a special event valet parking
permit may assess the owner or operator a motor
vehicle which it accepts for valet parking any fee
or other charge for its services. (Added by Ord.
156-85, App. 3/28/85)
SEC. 835.5. APPLICATION FOR
PERMITS.
Applications for fixed location valet parking
and special event valet parking permits shall be
made upon application forms provided by the
Chief of Police, shall be accompanied by a filing
fee as set forth in Section 2.26 of this Code, and
shall state: (1) the business name and address of
the corporation, partnership or other business
entity seeking the permit; (2) the names and
residence address of every officer or partner, and
of every owner of 10 percent or more of the
applicant entity; (3) all felony criminal offenses
for which the persons in Subsection (2) above
have been convicted, including the nature of the
offense and the place and date of the conviction;
(4) the identifying number of the applicant's San
Francisco business license; (5) for fixed location
permits, the location of the business at which the
valet parking services will be performed, the
481
Regulations for Automobiles
Sec. 836.
off-street parking location at which vehicles will
be parked and the number of parking spaces
available at that location; and (6) such other
information as the Chief of Police finds reason-
ably necessary to effectuate the purposes of this
ordinance. The applicant shall meet the follow-
ing insurance requirements throughout the term
of any issued under this ordinance:
(a) Workers' Compensation, with Employ-
ers Liability limits not less than $1,000,000 each
accident, but only if permittees have employees
as defined by the California Labor Code.
(b) Comprehensive General Liability Insur-
ance with limits not less than $1,000,000 each
occurrence Combined Single Limit Bodily Injury
and Property Damage, including Contractual
Liability, Personal Injury, Broadform Property
Damage, Products and Completed Operations
Coverages.
(c) Comprehensive Automobile Liability In-
surance with limits not less than $1,000,000
each occurrence Combined Single Limit Bodily
Injury and Property Damage, including owned,
nonowned and hired auto coverages, as appli-
cable.
(d) Garagekeepers 1 Legal Liability Insur-
ance, including coverages for fire and explosion,
theft of the entire motor vehicle, riot, civil com-
motion, malicious mischief and vandalism, colli-
sion or upset with coverage limits to be deter-
mined by the average number of vehicles an
applicant parks on any given day in accordance
with the following schedule:
— 10 vehicles
11 — 15 vehicles
16 — 20 vehicles
21 — 25 vehicles
26—30 vehicles
31 — 35 vehicles
36 — 40 vehicles
41 — 45 vehicles
46+ vehicles
$100,000 limit of coverage
$150,000 limit of coverage
$200,000 limit of coverage
$250,000 limit of coverage
$300,000 limit of coverage
$350,000 limit of coverage
$400,000 limit of coverage
$450,000 limit of coverage
$500,000 limit of coverage
Comprehensive General Liability, Compre-
hensive Automobile Liability and Garagekeep-
ers' Legal Liability Insurance policies shall be
endorsed to provide the following:
(1) Name as Additional Insureds the City
and County of San Francisco, its officers, agents,
employees and members of commissions.
(2) That such policies are primary insur-
ance to any other insurance available to the
Additional Insureds, with respect to any claims
arising out of activities conducted under the
permit, and that insurance applies separately to
each insured against whom claim is made or suit
is brought.
All policies shall be endorsed to provide that
30 days' advance written notice to the City of
cancellation, nonrenewal or reduction in cover-
age, shall be mailed to the following address:
CHIEF OF POLICE
Hall of Justice
850 Bryant Street
San Francisco, CA 94103
Certificates of insurance, satisfactory to the
City, evidencing all coverages above shall be
furnished to the City prior to issuance of a
permit and renewal of a license or before com-
mencing any operations under a permit, with
complete copies of policies furnished to the City
upon request. (Added by Ord. 156-85, App. 3/28/
85; amended by Ord. 418-87, App. 10/23/87)
SEC. 836. INVESTIGATION, HEARING
AND ISSUANCE OF PERMITS.
The Chief of Police shall investigate all ap-
plications and without unnecessary delay shall
thereafter hear the application and then grant
the application unless he or she finds:
(a) That any owner, officer or partner of the
business entity within four years prior to the
date of application, has been convicted of bur-
glary, robbery, theft, receipt of stolen property,
breaking or removing parts from a vehicle, ma-
licious mischief to a vehicle, unlawful use or
tampering by bailee of a vehicle, altering a
Sec. 836.
San Francisco - Police Code
482
vehicle identification, or any offense related to
the use of alcohol, narcotics or controlled sub-
stances; or
(b) That any owner, officer or partner of the
business entity has intentionally falsified any
statement contained in the application; or
(c) For fixed location permits, that the num-
ber of proposed parking spaces is insufficient to
ensure that the valet parking operation will not
be required to use on-street parking spaces.
Upon granting the fixed location permit or
the annual special event permit, the Chief of
Police shall forward the permit(s) to the Tax
Collector who shall issue a license or licenses
upon payment by the application of the license
fee(s), as set forth in Section 2.27 of this Code,
payable in advance.
The license(s) shall expire one year from the
date of issuance and shall be renewable thereaf-
ter upon an annual basis upon the filing with the
Tax Collector of a statement by the permittee
setting forth its current business address and
upon payment of the annual license fee. Begin-
ning January 1, 1986, licenses shall be renew-
able upon payment of the annual license fee
upon the first day of January of each calendar
year. Permittees shall pay a license fee prorated
to the length of time remaining in calendar year
1985 for all licenses issued prior to January 1,
1986. (Added by Ord. 156-85, App. 3/28/85)
SEC. 837. PERMIT REVOCATION.
The Chief of Police shall revoke a permit
issued hereunder if, after a hearing on the mat-
ter, he or she finds that grounds exist which
would have constituted just cause for refusal to
issue such permit, that the permittee has repeat-
edly parked vehicles under its control in a man-
ner contrary to law, or that the permittee has
failed to comply with any requirements imposed
by this ordinance or any rules and regulations
issued by the Chief to carry out the purposes of
this ordinance. Written notice of the revocation
hearing, setting forth the time and place of
hearing and a brief statement of the reason(s) for
the proposed revocation, shall be served on or
mailed to the permittee at the business address
listed in the permit application no less than 10
days prior to the hearing. (Added by Ord. 156-85,
App. 3/28/85)
SEC. 837.5. RULES AND REGULATIONS;
ADDITIONAL REQUIREMENTS.
The Chief of Police is hereby authorized to
promulgate rules and regulations after notice
hearing to effectuate the purposes of this ordi-
nance. Failure to comply with such rules and
regulations, or with any other requirements im-
posed by this ordinance, shall constitute grounds
for revocation of a permit.
The permittee shall have the permit(s) re-
quired by this ordinance in its possession at the
place where it is conducting any valet parking
activity under the permit(s), and shall exhibit
such permit(s) on demand of any peace officer.
The permittee shall, upon the receipt of each
motor vehicle accepted for valet parking, give to
the owner or operator a claim check for said
motor vehicle; said claim check shall show the
corporation or business name of the permittee
and shall explicitly state the terms and condi-
tions under which the vehicle is being accepted.
The permittee shall display the corporation or
business name of the permittee, and the date
and the street address of the event for which
valet parking is being conducted in a clearly
visible manner on the driver's side of each motor
vehicle throughout the time that said vehicle is
in the permittee's custody and control.
The permittee shall, within ten days of the
change of the name of the permittee entity or the
change in one or more partners or officers or in
the ownership of 10 percent or more of the
corporate stock, inform the Police Department,
in writing, of such change. (Added by Ord. 156-
85, App. 3/28/85)
SEC. 838. REQUIREMENTS FOR
PERMITTEE'S EMPLOYEES.
(a) Every corporation, partnership or other
business entity holding a valid or unrevoked
permit under this ordinance shall maintain a
continuously updated list of the names and resi-
dence addresses and current driver's license num-
483 Regulations for Automobiles Sec. 839.
bers of all of its employees who perform valet
parking. Such list shall be maintained at the
business address listed on the permit applica-
tion, and shall be exhibited on demand of any
peace officer.
(b) It shall be unlawful for any employee
who has been convicted of any of the offenses
listed in Section 836(a) to perform valet parking.
(c) Every employee who performs valet park-
ing shall wear conspicuously upon their person
throughout every valet parking event a num-
bered badge to be provided by the permittee, of a
type and design previously approved by the
Chief of Police. The permittee shall maintain a
record of the names of such employee issued such
a badge and of the badge number assigned to
each such employee, as part of the list required
to be maintained under Subsection (a) above.
(Added by Ord. 156-85, App. 3/28/85)
SEC. 838.5. CONFORMANCE WITH
APPLICABLE LAWS.
Nothing in this ordinance is intended to
authorize, or authorizes, the parking of motor
vehicles by valet parking operators in a manner
contrary to applicable state laws and local park-
ing and traffic regulations. (Added by Ord. 156-
85, App. 3/28/85)
SEC. 839. SEVERABILITY.
If any of the provisions of this ordinance or
the application of such provisions to any person
or circumstances shall be held invalid, the re-
mainder of this ordinance or the application of
such provisions to the persons or circumstances
other than those to which it is held invalid shall
not be affected thereby. (Added by Ord. 156-85,
App. 3/28/85)
Sec. 839. San Francisco - Police Code 484
[The next page is 499]
ARTICLE 13: MISCELLANEOUS REGULATIONS
FOR PROFESSIONS AND TRADES
Sec.
840.
Carrying Firearms, Etc. —
Regulations Governing.
Sec.
841.
Carrying Firearms, Etc. —
Requirements.
Sec.
842.
Carrying Firearms, Etc. —
Penalty for Violation.
Sec.
843.
Saving Clause.
Sec.
850.
Regulating Sale of Secondhand
School Books.
Sec.
851.
Dealer to Obtain List of Books
and Keep Same Posted.
Sec.
852.
Sale of Text Books Under
Certain Conditions Prohibited.
Sec.
857.
Physicians, Etc., to Report
Injuries by Criminal Means.
Sec.
858.
Physician Practicing to Report.
Sec.
859.
Exceptions.
Sec.
864.
Regulating Peddlers in Front of
Certain Entrances.
Sec.
864.1.
Penalty.
Sec.
869.
Permit Required.
Sec.
869.1.
Penalty.
Sec.
869.2.
Limitation on Issuance of
Permits.
Sec.
869.3.
Location Restrictions.
Sec.
869.4.
Peddler Permit to Natural
Person Only.
Sec.
869.5.
Peddler to Personally Peddle.
Sec.
869.6.
Log to be Maintained.
Sec.
869.7.
Application for Peddler Permit.
Sec.
869.8.
Inspection by Health
Department.
Sec.
869.9.
Peddler Employee.
Sec.
869.10.
Operation of Peddler Employee.
Sec.
869.11.
Fees — Peddler and Peddler
Employee.
Sec.
869.12.
Peddlers, Peddler Employees,
License Fee.
Sec.
869.13.
License Fees — Proration
Schedule — Date Payable.
Sec.
869.14.
Peddlers, Free.
Sec.
869.15.
Identification Card.
Sec.
869.16.
Rules and Regulations by Chief
of Police or Director of Public
Health.
Sec.
869.17.
Suspension and Revocation of
Permit.
Sec.
869.18.
Severability.
Sec.
870.
Peddling Where Sign "No
Peddlers" Displayed Prohibited.
Sec.
875.
Requiring Movers to Notify
Landlords.
Sec.
876.
Penalty.
Sec.
889.
Requiring Red Lights Placed at
Fire Escapes.
Sec.
890.
Owner to Place White Light in
Hallway.
Sec.
891.
Chief of Police to Enforce.
Sec.
892.
Penalty.
Sec.
895.
Permit Required.
Sec.
896.
Gatherers, Junk.
Sec.
897.
Providing for Badges for Junk
Gatherers.
Sec.
898.
Junk Gatherers Required to
Wear Badges.
Sec.
900.
Definitions.
Sec.
901.
Item Prices.
Sec.
902.
Penalty.
Sec.
903.
Injunctive Relief.
Sec.
904.
Severability.
Sec.
911.
Defining Public Rooms.
Sec.
912.
Loitering in Public Rooms
Prohibited.
Sec.
913.
Unauthorized Use of Public
Rooms Prohibited.
Sec.
914.
Penalty.
Sec.
919.
Requiring Operators of Hotels,
499
San Francisco - Police Code
500
Sec. 919.1.
Sec.
920.
Sec.
921.
Sec.
924.
Sec.
925.
Sec.
926.
Sec.
927,
Sec.
928.
Sec.
929
Sec.
934
Sec.
939
Sec.
940
Sec.
944
Sec.
945
Sec.
946,
Sec.
947.
Sec.
948.
Sec.
949.
Sec.
954,
Sec.
955.
Motels, Auto Courts and
Furnished Apartment House
Keepers to Keep a Register of
Guests.
Prohibiting Residential Hotel
Operators from Charging Visitor
Fees; Limiting Residential Hotel
Restrictions on Visitors;
Violation is an Infraction.
Registering for Lodging
Accommodations Under
Fictitious Names Prohibited.
Penalty.
Fixing Rates, to be Charged for
Transportation of Personal
Baggage.
Excluded Territory — Rates.
Receivers to Give Check for
Baggage.
Delivery Within Reasonable
Time.
Principals Responsible.
Personal Baggage Defined.
Regulating Sale of Police
Badges.
Regulating Issuance of Press
Cards.
Penalty.
Sidewalk Elevator, Etc., Iron
Door, Etc., and Lock Required.
Mechanical Device for Stopping
Required.
Unlawful Openings Prohibited —
Kind of Metal Guards Required.
Night Opening, Lamps and
Guards Required For.
Trap-door, Kind of Metal
Guards Required For.
Trap-door, While Open, Guards
Required.
Sale of Merchandise on Ocean
Beach Prohibited.
Prohibited Soliciting Upon
Streets of Magazine
Subscriptions, Etc.
Sec.
959,
Sec.
960,
Sec.
961
Sec.
964
Sec.
969
Sec.
970
Sec.
971
Sec.
972
Sec.
973
Regulating Turning Off of Gas
Supply in Hotels and Dwellings.
Use of Defective Stop Cocks in
Hotels and Dwellings
Prohibited.
Penalty.
Crushing Rock, Etc., Within
Certain Hours, Etc., Prohibited.
Transportation Tickets —
Regulating Sale Of.
Regulations to be Posted.
Penalty.
Exceptions.
Prohibiting Solicitation of
Purchases of Food and Drink;
Declaring Penalties.
SEC. 840. CARRYING FIREARMS,
ETC.— REGULATIONS GOVERNING.
Any person who in the course of employment
or his livelihood carries a firearm or any other
deadly or dangerous weapons as defined by Sec-
tion 1291-A, Article 17, Chapter VIII, Part II of
the San Francisco Municipal Code, concealed or
unconcealed, shall register with the Chief of
Police in writing by signed statement, stating
the name, occupation, residence and business
address of the registrant, his age, height, weight,
color of eyes and hair, and reason desired to
carry such weapon, and shall submit therewith
two sets of fingerprints and one photograph.
(Added by Ord. 6350, Series of 1939, App. 11/22/
50)
SEC. 841. CARRYING FIREARMS,
ETC.— REQUIREMENTS.
Any person carrying a firearm or any other
deadly or dangerous weapon as defined by said
Section 1291-A, Article 17, Chapter VIII, of the
San Francisco Municipal Code, in the City and
County of San Francisco, must:
(1) Be at least 21 years of age;
(2) Be a citizen of the United States;
(3) Be of good moral character;
501
Miscellaneous Regulations for Professions and Trades
Sec. 858.
(4) Be able to manifest a knowledge of Sec-
tions 197, 834, 835, 837 and 847 of the Penal
Code of the State of California. (Added by Ord.
6350, Series of 1939, App. 11/12/50)
SEC. 842. CARRYING FIREARMS,
ETC.— PENALTY FOR VIOLATION.
Any person who shall violate any of the
provisions of Section 840 to 842 of this Article
shall be deemed guilty of a misdemeanor and
shall be punished by a fine of not exceeding $500,
or by imprisonment in the County Jail for not
exceeding six months, or by both such fine and
imprisonment. (Added by Ord. 6350, Series of
1939, App. 11/22/50)
SEC. 843. SAVING CLAUSE.
If any section, sentence, clause, or part of
Section 840 to 842 is for any reason held to be
unconstitutional, such decision shall not affect
the remaining portions of these sections. The
Board of Supervisors hereby declares that it
would have passed these sections and each sec-
tion, sentence, clause and part thereof, despite
the fact that one or more sections, sentences,
clauses or parts thereof are declared unconstitu-
tional. (Added by Ord. 6350, Series of 1939, App.
11/22/50)
SEC. 850. REGULATING SALE OF
SECONDHAND SCHOOL BOOKS.
It shall be unlawful for any person, firm or
corporation to purchase from any person, firm or
corporation any secondhand school text book or
books in use in any public or private school
without first obtaining from the principal or
administrative officer of the school where said
text books are in use his or her written state-
ment that the person offering the book for sale is
the lawful owner thereof, and as such owner is
free to make the sale. (Added by Ord. 1.075, App.
10/11/38)
SEC. 851. DEALER TO OBTAIN LIST OF
BOOKS AND KEEP SAME POSTED.
On or before the 20th day of July in each
year, every dealer in second-hand books must
apply to the office of the Board of Education and
receive from the Secretary of said Board a com-
plete list of all Public School Text Books to be
used in the public schools during the school year.
Said dealer shall post said list and keep it
conspicuously posted in his place of business
throughout the school year, for the inspection of
the police officers and others who may be inter-
ested in the sale and purchase of secondhand
school text books. (Added by Ord. 1.075, App.
10/11/38)
SEC. 852. SALE OF TEXT BOOKS
UNDER CERTAIN CONDITIONS
PROHIBITED.
It shall be unlawful for any dealer in second-
hand books to purchase or offer for sale any of
the text books referred to in the preceding sec-
tion, which are secondhand, without having first
obtained the list of books mentioned in Section
851 of this Article, and without conspicuously
posting it as required by Section 851 of this
Article. (Added by Ord. 1.075, App. 10/11/38)
SEC. 857. PHYSICIANS, ETC., TO
REPORT INJURIES BY CRIMINAL
MEANS.
It shall be the duty of every physician or
surgeon, superintendent, proprietor or other per-
son in charge of any public or private hospital or
sanitarium within the City and County of San
Francisco whenever any person has become an
inmate or patient of or has been brought into
such hospital or sanitorium suffering from any
wound or other injury by his own act or by the
act of another to report immediately to the Chief
of Police of said City and County of San Fran-
cisco the name of such inmate or patient, and all
facts appertaining to such case within the knowl-
edge of such physician or surgeon, superinten-
dent, proprietor or other person in charge of said
hospital or sanitarium. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 858. PHYSICIAN PRACTICING TO
REPORT.
It shall be the duty of every physician or
surgeon practicing within the City and County of
San Francisco who is not the owner, proprietor,
Sec. 858.
San Francisco - Police Code
502
superintendent, or other person in charge of any
hospital or sanitarium who has under his charge
or care any patient or other person suffering
from any wound or injury by his own act or by
the act of another to report immediately to the
Chief of Police of said City and County of San
Francisco, the name of such patient or other
person and all facts appertaining to such case
within the knowledge of such physician or sur-
geon. (Added by Ord. 1.075, App. 10/11/38)
SEC. 859. EXCEPTIONS.
The provisions of Section 857 and 858 of this
Article shall not apply to any case wherein the
person wounded or injured has been brought to
the hospital or sanitarium or to the physician or
surgeon by any member of the Police Depart-
ment of the City and County of San Francisco.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 864. REGULATING PEDDLERS IN
FRONT OF CERTAIN ENTRANCES.
It shall be unlawful for any peddler, huckster,
or vendor offish, vegetables, fruit, game, poultry,
groceries, produce, dairy products, wood, candy,
confectionery, racing tips and handicaps, tickets
to entertainments, excursions to picnics, goods,
wares and merchandise, to solicit patronage or to
sell his wares in front of any entrance, exit or
gangway of any ferry landing, wharf, depot,
theater, circus, hall or any place where people
are assembled, within 12 feet thereof. (Added by
Ord. 1.075, App. 10/11/38)
SEC. 864.1. PENALTY.
Any person who shall violate the provisions
of Section 864 of this Article shall be guilty of an
infraction or a misdemeanor. If charged as an
infraction, the penalty shall be as follows:
A. Upon a first conviction thereof, such per-
son shall be punished by a fine not to be less than
$50 nor to exceed $500.
B. Upon a second conviction thereof, such
person shall be punished by a fine not to be less
than $250 nor to exceed $500.
C. Upon a third conviction thereof, such
person shall be punished by a fine not to be less
than $400 nor to exceed $500.
If charged as a misdemeanor, the penalty
therefor shall be by imprisonment in the County
Jail not exceeding six months or a fine not
exceeding $500. The complaint charging such
violation shall specify whether the violation
charged is a misdemeanor or an infraction. (Added
by Ord. 383-78, App. 8/18/78)
SEC. 869. PERMIT REQUIRED.
Except as provided in Articles 24, 24.1 and
24.2 of this Code, it shall be unlawful for any
person to peddle goods, wares or merchandise, or
any article, material or substance, of whatsoever
kind, including persons selling fruits, vegetables,
fish, fowl, nuts and eggs on the public streets or
sidewalks of the City and County of San Fran-
cisco without first having obtained a permit from
the Chief of Police and having paid the fees and
been granted a license as required by law.
Excluded from the provisions of this Section
are property under the jurisdiction of the Recre-
ation and Park Commission of the City and
County of San Francisco, and the Board of Edu-
cation of the City and County of San Francisco
and areas designated by the Board of Supervi-
sors as places where a street artist certified
pursuant to initiative Ordinance 483-75, Propo-
sition L on the November 4, 1975 ballot, may
sell, offer for sale, expose for sale, or solicit offers
to purchase any craft or work of his or her own
creation.
Every person currently holding a peddler
permit pursuant to Section 869 of this Article
prior to the effective date of this ordinance is
hereby deemed to be holding a permit as re-
quired under this Section. (Amended by Ord.
270-82, App. 6/10/82)
SEC. 869.1. PENALTY.
(a) Any person who shall violate the provi-
sions of Sections 869 through 869.15 of this
Article shall be guilty of an infraction or a
misdemeanor. If charged as an infraction, the
penalty shall be as follows:
(1) Upon a first conviction thereof, such
person shall be punished by a fine not to be less
than $50 nor to exceed $500.
503
Miscellaneous Regulations for Professions and Trades
Sec. 869.3.
(2) Upon a second conviction thereof, such
person shall be punished by a fine not to be less
than $250 nor to exceed $500.
(3) Upon a third conviction thereof, such
person shall be punished by a fine not to be less
than $400 nor to exceed $500.
If charged as a misdemeanor, the penalty
therefor shall be by imprisonment in the County
Jail not exceeding six months or a fine not
exceeding $500. The complaint charging such
violation shall specify whether the violation
charged is a misdemeanor or an infraction.
(b) In addition to the penalty set forth above
in Section 869.1(a), any person who shall violate
any provision of Sections 869 through 869.15
shall be subject to revocation or suspension of
any permit issued by the City and County, fol-
lowing adequate notice and a hearing before the
Chief of Police or a designate. (Amended by Ord.
270-82, App. 6/10/82)
SEC. 869.2. LIMITATION ON ISSUANCE
OF PERMITS.
(a) The Chief of Police may issue a permit
for a location, which location shall not be within
two blocks or 600 feet, whichever is greater, of an
established business which sells the same type of
food or other merchandise as intended by said
applicant, or of any location previously estab-
lished and currently being operated by a licensed
peddler selling the same type of food or other
merchandise as intended by said applicant.
(b) This ordinance does not apply to those
peddlers and street artists regulated by Articles
24, 24.1 and 24.2 of this Code. (Amended by Ord.
270-82, App. 6/10/82)
SEC. 869.3. LOCATION RESTRICTIONS.
The Chief of Police may issue a peddler
permit only when he finds that the following
location and time requirements are met:
(a) The location shall:
(1) Leave unobstructed for pedestrian pas-
sage on any sidewalk a space not less than 10
feet wide.
(2) Not occupy a space extending more than
4V2 feet from the curb line of any sidewalk, nor
wider than four feet nor extending more than
five feet above the sidewalk.
(3) Not be within 18 inches of the curb line
of any sidewalk.
(4) Not be closer than 7V2 feet from sprin-
kler inlets, and wet and dry standpipe inlets,
measured from the outer edge of the standpipe
bank from the building line to the sidewalk edge.
(5) Not be within 12 feet of the outer edge of
any entrance way to any building or facility used
by the public including but not limited to doors,
driveways and emergency exits measured in
each direction parallel to the building line and
thence at a 90 degree angle to the curb.
(6) Not be on any sidewalk adjacent to a
curb which has been duly designated pursuant to
local ordinance or regulation as a white, yellow,
blue, or red zone, or a bus zone.
(7) Not be within five feet of any crosswalk
or fire hydrant.
(8) Leave unobstructed fire escapes, under-
neath and perpendicular from the building to the
street, five feet from both ends of the fire escape.
(9) Not be within five feet of inflammable
liquid vents and fill pipes when tanks are not
being filled nor within 25 feet while tanks are
being filled.
(b) No peddler shall peddle goods, wares or
merchandise between the hours of 12:00 a.m.
(midnight) and 6:00 a.m. the following day.
(c) Notwithstanding any other provision of
this Code, no peddler or pushcart peddler, as
defined in Section 1330 of the San Francisco
Police Code, shall peddle goods, wares or mer-
chandise:
(1) In any "P" district, as defined in Section
234 of the City Planning Code (Part II, Chapter
II, San Francisco Municipal Code), located on
Twin Peaks or in any areas in or adjacent to
Open Space Districts located on Twin Peaks.
(2) On the north side of Jefferson Street
between Jones and Taylor. (Added by Ord. 270-
82, App. 6/10/82; amended by Ord. 204-87, App.
6/3/87; Ord. 317-87, App. 7/24/87; Ord. 294-90,
App. 8/1/90)
Sec. 869.4.
San Francisco - Police Code
504
SEC. 869.4. PEDDLER PERMIT TO
NATURAL PERSON ONLY.
No peddler permit granted pursuant to Sec-
tion 869 of this Article shall be issued except to
an individual natural person and in no event to
any business, firm, partnership or corporation.
No more than one permit shall be issued to any
one person. (Added by Ord. 270-82, App. 6/10/82)
SEC. 869.5.
PEDDLE.
PEDDLER TO PERSONALLY
No person shall be granted a peddler permit
pursuant to Section 869 of this Article unless the
applicant has declared under penalty of perjury
his or her intention to personally operate under
the permit for at least 50 percent of the actual
hours of operation. (Added by Ord. 270-82, App.
6/10/82)
SEC. 869.6. LOG TO BE MAINTAINED.
Every person who shall be granted a peddler
permit pursuant to Section 869 of this Article
shall maintain a log on a form approved by the
Chief of Police indicating the day, date and hours
of operation at the authorized location, including
the name of the person or persons operating
during those times. The log for the 30 previous
calendar days shall be kept in the possession of
the peddler or peddler employee at all times
while operating and shall be open to inspection
by any police officer or any Health Department
inspector of the City and County of San Fran-
cisco. Said log shall be retained by the peddler
for a period of one year. (Added by Ord. 270-82,
App. 6/10/82)
SEC. 869.7. APPLICATION FOR
PEDDLER PERMIT.
Every person desiring a peddler permit pur-
suant to Section 869 of this Article shall file an
application with the Chief of Police upon a form
provided by the Chief of Police requiring the
applicant to submit:
(a) Two photographs of the applicant l"xl"
in size.
(b) A statement of the specific location where
the applicant proposes to operate, the days of the
week, and time(s) of the day of intended opera-
tion, and the specific item or items to be sold,
which shall be the only item(s) sold under the
permit.
(c) A set of fingerprints as required by the
Chief.
(d) Such other relevant information deemed
pertinent by the Chief of Police. (Added by Ord.
270-82, App. 6/10/82)
SEC. 869.8. INSPECTION BY HEALTH
DEPARTMENT.
No permit to peddle food products for human
consumption in the City and County of San
Francisco shall be granted unless the applicant
has been issued a Certificate of Sanitation by the
Director of Public Health. (Added by Ord. 270-
82, App. 6/10/82)
SEC. 869.9. PEDDLER EMPLOYEE.
No peddler may employ at any one time more
than one peddler employee. The only exception
to this prohibition is employment by a peddler of
persons who have peddler employee permits au-
thorizing employment by that peddler, which
permits were issued prior to the effective date of
this ordinance. Every person desiring a peddler
employee permit shall file an application with
the Chief of Police upon a form provided by said
Chief of Police. Application shall be accompanied
by:
(a) Signed statement from the permittee
peddler verifying his intention to employ the
applicant, and indicating specific location where
the peddler employee will peddle.
(b) Two photographs of the applicant l"xl"
in size.
(c) A set of fingerprints as required by the
Chief of Police.
(d) Such other relevant information deemed
pertinent by the Chief of Police. (Added by Ord.
270-82, App. 6/10/82)
505
Miscellaneous Regulations for Professions and Trades
Sec. 869.17.
SEC. 869.10. OPERATION OF PEDDLER
EMPLOYEE.
In no case shall the peddler employee oper-
ate, at the same time as the permit holder is
operating, at any location other than the location
at which the permit holder is operating. (Added
by Ord. 270-82, App. 6/10/82)
SEC. 869.11. FEES— PEDDLER AND
PEDDLER EMPLOYEE.
Every applicant for a peddler or peddler
employee permit shall pay a filing fee as speci-
fied in Section 2.26 of Part II, Chapter VIII of the
San Francisco Municipal Code (Police). (Added
by Ord. 270-82, App. 6/10/82)
SEC. 869.12. PEDDLERS, PEDDLER
EMPLOYEES, LICENSE FEE.
Every person granted a peddler permit or
peddler employee permit to peddle goods, wares"
or merchandise, or fish, vegetables or fruit, or
food products for human consumption, or any
other article in any manner, shall pay to the Tax
Collector an annual license fee, as specified in
Section 2.27 of Part II, Chapter VIII of the San
Francisco Police Code, payable in advance. In
calculating the fees earned herein by the Health
Department pursuant to the provisions of Sec-
tion 6.402 of the Charter of the City and County
of San Francisco, a percentage of the license fee
shall be credited to said Department pursuant to
the annual determination by the Controller as
provided by Section 2.21 of this Code. (Added by
Ord. 270-82, App. 6/10/82)
SEC. 869.13. LICENSE FEES—
PRORATION SCHEDULE— DATE
PAYABLE.
All licenses issued under the provisions of
Section 869.12 shall be due and payable, on a
calendar year basis, prorated with regard to the
calendar year on a monthly basis. (Added by
Ord. 270-82, App. 6/10/82)
SEC. 869.14. PEDDLERS, FREE.
The Tax Collector may issue a free or gratu-
itous license to a person liable to pay the license
tax required by Section 869.12 and set by Section
2.27 of this Code when the Chief of Police shall
have certified that it has been shown by good and
sufficient evidence that the person applying for
said license was a soldier, sailor or marine of the
United States who received an honorable dis-
charge or a release from active duty under hon-
orable conditions from such service or that he or
she is physically and absolutely unfitted to earn
a livelihood by any other means. (Added by Ord.
270-82, App. 6/10/82)
SEC. 869.15. IDENTIFICATION CARD.
The Chief of Police shall issue to each peddler
and peddler employee an identification card which
shall contain a photograph of the permittee with
the number of the permit in figures plainly
discernible. The Chief of Police shall determine
the manner and form of any other information
that may be placed upon this identification card.
Such identification card shall be in the posses-
sion of the peddler or peddler employee at all
times while operating, and shall be immediately
produced upon request to any police officer or
Health Department inspector. Peddlers and ped-
dler employees shall return to the Police Depart-
ment the identification card upon discontinu-
ance of operation, revocation or suspension of
permit, or upon termination of the peddler em-
ployee. (Added by Ord. 270-82, App. 6/10/82)
SEC. 869.16. RULES AND
REGULATIONS BY CHIEF OF POLICE
OR DIRECTOR OF PUBLIC HEALTH.
The Chief of Police or the Director of Public
Health may adopt, after a noticed public hear-
ing, rules and regulations supplemental to this
ordinance and not in conflict therewith. The
rules and regulations shall become effective 10
days following the adoption by either the Chief of
Police or the Director of Public Health. (Added by
Ord. 270-82, App. 6/10/82)
SEC. 869.17. SUSPENSION AND
REVOCATION OF PERMIT.
The Chief of Police may suspend or revoke
any peddler or peddler employee permit if he
finds, after a noticed public hearing, that any of
the following conditions exist:
(a) Fraud, misrepresentation or false state-
ment contained in the application for permit.
Sec. 869.17.
San Francisco - Police Code
506
(b) Violation of provisions of this Article or
the San Francisco Municipal Code regarding
peddling.
(c) Peddling by a peddler employee at a
location not approved by the Chief of Police.
(d) Conviction of a felony if the crime was
committed during the time the permittee was
working under the permit or relates to the busi-
ness conducted under the permit and endangers
the health and safety of the public.
(e) Violations of provisions of the Municipal
Traffic Code or the California Vehicle Code, re-
lating to the operation of the permit.
(f) Conduct violating any City ordinance or
state statute which conduct occurred during the
time the permittee was working under the per-
mit or which conduct relates to the business
conducted under the permit and endangers the
health and safety of the public.
(g) Failure to pay the required license fee.
(h) Operation under the peddler's permit of
a business other than that for which the permit
was issued. (Added by Ord. 270-82, App. 6/10/82)
SEC. 869.18. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article
or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the
remaining portions of this Article or any part
thereof. The Board of Supervisors hereby de-
clares that it would have passed each section,
subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 270-82, App. 6/10/
82)
SEC. 870. PEDDLING WHERE SIGN "NO
PEDDLERS" DISPLAYED PROHIBITED.
It shall be unlawful for any peddler, or any
person pretending to be a peddler, for the pur-
pose of selling or pretending to sell, goods, wares
or merchandise, or any article, material or sub-
stance of whatsoever kind, to ring the bell or
knock at the door of any residence or dwelling
whereon a sign bearing the words "No Peddlers"
or words of similar import, is painted or affixed
so as to be exposed to public view, or to peddle or
pretend to peddle goods, wares or merchandise,
or any article, material or substance, of whatso-
ever kind, in any building, whereon, or wherein a
sign bearing the words "No Peddlers," or words
of similar import, is painted or affixed so as to be
exposed to public view. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 875. REQUIRING MOVERS TO
NOTIFY LANDLORDS.
It shall be unlawful for any person who is
operating or in charge of any moving van, furni-
ture car, transfer wagon, express wagon, deliv-
ery wagon, or any other vehicle engaged in
moving for hire, to remove any furniture, house-
hold goods, trunks, baggage or other personal
effects from any furnished apartment house where
there is on the premises a landlord, landlady,
manager, or other person in charge of such
apartment house without first notifying such
landlord, landlady, manager or other person in
charge of such apartment house that such furni-
ture, household goods, trunks, baggage or any
personal effects are about to be removed from
such premises. (Added by Ord. 1.075, App. 10/11/
38)
SEC. 876. PENALTY.
Any person violating any of the provisions of
Section 875 of this Article shall be guilty of a
misdemeanor, and, upon conviction thereof, shall
be subject to a fine not exceeding $100, or by
imprisonment in the County Jail for not more
than 30 days. (Added by Ord. 1.075, App. 10/11/
38)
SEC. 889. REQUIRING RED LIGHTS
PLACED AT FIRE ESCAPES.
Every person, firm or corporation, owner,
proprietor, manager, superintendent, lessee or
agent of any building used as a hotel, public
lodging house, public rooming house or apart-
507
Miscellaneous Regulations for Professions and Trades
Sec. 897.
ment house within the City and County of San
Francisco, shall place or cause to be placed in a
conspicuous position in every hallway thereof,
signs which shall indicate by letters, not less
than three inches in height, the location of every
fire escape and near every such sign there shall
be placed a red light, which must be kept burn-
ing from sunset to sunrise. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 890. OWNER TO PLACE WHITE
LIGHT IN HALLWAY.
Every person, firm or corporation, owner,
proprietor, manager, superintendent, lessee or
agent of any building used as a hotel, public
lodging house, public rooming house or apart-
ment house within the City and County of San
Francisco, shall place or cause to be placed in
every hallway, and passageway, a bright white
light, capable of furnishing light enough to en-
able any person to see the stairway and exit from
said hallway and passageway, to guide them in
case of fire or panic to safety. Said white light
shall burn from sunset to sunrise. (Added by
Ord. 1.075, App. 10/11/38)
SEC. 891. CHIEF OF POLICE TO
ENFORCE.
It shall be the duty of the Chief of Police to
instruct all police officers to inspect all hotels,
public lodging houses, public rooming houses
and apartment houses on their respective beats
at least once a month during the hours of sunset
and sunrise, for the purpose of seeing that the
provisions of Section 889 and 890 of this Article
are strictly complied with. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 892. PENALTY.
Every person, firm or corporation, owner,
proprietor, manager, superintendent, lessee or
agent who shall violate or refuse to comply with
the provisions of Sections 889 and 890 of this
Article shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a
fine of not less than $10 nor more than $100, or
by imprisonment in the County Jail for not more
than three months, or by both such fine and
imprisonment; and each such person, firm or
corporation, owner, proprietor, manager, super-
intendent, lessee or agent shall be deemed guilty
of a separate offense for every day such violation,
or refusal shall continue, and shall be subject to
the penalty imposed by this Section for each and
every such separate offense. (Added by Ord.
1.075, App. 10/11/38)
SEC. 895. PERMIT REQUIRED.
(a) It shall be unlawful to engage in busi-
ness as a junk gatherer either buying, selling,
collecting or exchanging junk from vehicles or in
any other manner upon the streets of the City
and County of San Francisco without first hav-
ing obtained a permit therefor from the Chief of
Police.
(b) Applications for junk gatherer permits
shall be filed with the Chief of Police on a form
provided for said permit together with a nonre-
fundable fee. (Added by Ord. 555-81, App. 11/12/
81)
SEC. 896. GATHERERS, JUNK.
Every person, firm or corporation engaged in
the business or occupation of gathering junk in
the City and County of San Francisco and who is
not required to pay a license fee under the
provisions of Article 13.1 of this Code shall pay
an annual license fee, payable in advance and
subject to a monthly pro rata if not applied for on
the first day of any calendar year. (Added by Ord.
555-81, App. 11/12/81)
SEC. 897. PROVIDING FOR BADGES
FOR JUNK GATHERERS.
Every person required to obtain a permit and
license pursuant to Section 895 and 896 of this
Article must, at the time the license is issued to
him, pay a badge fee to the Tax Collector and
receive therefor from the Tax Collector a junk
gatherer's metal badge, having imprinted thereon
a number and the year for which same is issued.
The design and lettering of said badge shall be
determined by the Tax Collector, but such design
must be distinctively different for each year.
(Amended by Ord. 555-81, App. 11/12/81)
Sec. 898.
San Francisco - Police Code
508
SEC. 898. JUNK GATHERERS
REQUIRED TO WEAR BADGES.
Every person engaged in business as a junk
gatherer either buying, selling or exchanging
junk from vehicles or in any other manner upon
the streets of the City and County of San Fran-
cisco, must wear conspicuously exposed on the
outside lapel of his coat the metal badge pre-
scribed in the preceding section. (Added by Ord.
1.075, App. 10/11/38)
SEC. 900. DEFINITIONS.
For purposes of this ordinance, the following
definitions shall apply:
(a) Automatic Checkout System. An elec-
tronic system employing a scanning device com-
bined with a computer and register to read a
universal product code or similar code on pack-
aging and display and total the cost of the items
purchased.
(b) Consumer Commodity.
(1) Food, including all material whether solid,
liquid, or mixed, and whether simple or com-
pound, which is used or intended for consump-
tion by human beings or domestic animals nor-
mally kept as household pets, and all substances
or ingredients added to any such material for
any purpose. This definition shall not apply to
individual packages of cigarettes or individual
cigars.
(2) Paper and plastic products, such as, but
not limited to, napkins, facial tissue, toilet tis-
sue, foil wrapping, plastic wrapping, paper tow-
eling, and disposable plates and cups.
(3) Detergents, soaps and other cleaning
agents.
(4) Pharmaceuticals, including nonprescrip-
tion drugs, bandages, hygiene products, and toi-
letries.
(c) Grocery Department. An area within
a general retail merchandise store which is en-
gaged primarily in the retail sale of packaged
food, rather than food prepared for immediate
consumption on or off the premises.
(d) Grocery Store. A store engaged prima-
rily in the retail sale of packaged food, rather
than food prepared for consumption on the pre-
mises.
(e) Person. An individual, firm, corpora-
tion, partnership, association or other organiza-
tional group or combination acting as a unit.
(Added by Ord. 598-79, App. 12/3/79)
SEC. 901. ITEM PRICES.
Every retail grocery store or grocery depart-
ment within a general retail merchandise store
which uses an automatic checkout system shall
cause to have a clearly readable price indicated
on each packaged consumer commodity offered
for sale on or after January 1, 1980, provided,
however, that said requirement shall not apply
to:
(1) Any unpackaged fresh food produce, or
fresh dairy product;
(2) Any consumer commodity under three
cubic inches in size or weighing less than three
ounces or priced for less than 30 cents;
(3) Any grocery business which has as its
only regular employees the owner thereof, or the
parent, spouse, or child of such owner, or in
addition thereto, not more than two other per-
sons employed on a regular schedule for a con-
tinuing period of time;
(4) Identical items within a multi-item pack-
age;
(5) Items sold through a vending machine;
(6) "Special" or "sale" items offered for sale
at less than normal price, for a period of seven
days or less. (Added by Ord. 598-79, App. 12/3/
79)
SEC. 902. PENALTY.
(a) Any person intentionally violating any
of the provisions of Section 901 of this Article
shall be deemed guilty of a misdemeanor, and
upon conviction thereof, shall be subject to a fine
of not less than $100, and not more than $500, or
by imprisonment in the jail of the City and
County for a term of not more than six months or
by both such fine and imprisonment.
509
Miscellaneous Regulations for Professions and Trades
Sec. 919.
(b) Failure to have a clearly readable price
indicated on 12 units of the same item of the
same commodity shall constitute a presumption
of intent to violate Section 901.
(c) Every additional 12 units of the same
item that fail to have a price indicated on them
shall constitute a presumption of intent to vio-
late Section 901.
(d) Each day that a violation continues af-
ter notification thereof by any person to the
grocery store or department manager or assis-
tant manager shall constitute a separate viola-
tion and shall constitute a presumption to vio-
late Section 901. (Added by Ord. 598-79, App.
12/3/79)
SEC. 903. INJUNCTIVE RELIEF.
(a) Any person may bring an action in any
court of competent jurisdiction to enjoin a viola-
tion of Section 901.
(b) Persons violating Section 901 shall be
liable to any person injured for losses and ex-
penses and attorney's fees incurred as a result of
the violation and for the sum of $50 in addition
thereto. This remedy shall apply only to actions
brought by or on behalf of a single plaintiff and
shall not apply to multiple plaintiffs or class
actions. (Added by Ord. 598-79, App. 12/3/79)
SEC. 904. SEVERABILITY.
If any part or provision of this ordinance, or
the application thereof to any person or circum-
stance, is held invalid, the remainder of the
ordinance, including the application of such part
or provision to other persons or circumstances,
shall not be affected thereby and shall continue
in full force and effect. To this end provisions of
this Article are severable. (Added by Ord. 598-
79, App. 12/3/79)
SEC. 911. DEFINING PUBLIC ROOMS.
The words "public rooms," for the purpose of
Section 912 and 913 of this Article, shall be
deemed to include any lobby, hallway, mezza-
nine, foyer, public rest or sitting rooms, or any
other place in a hotel used in common by the
public and guests of a hotel. (Added by Ord.
270-82, App. 6/10/82)
SEC. 912. LOITERING IN PUBLIC
ROOMS PROHIBITED.
It shall be unlawful for any person to linger,
loiter, sit or stand in any public room in any hotel
in violation of the expressed wish of the owner or
manager of such hotel. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 913. UNAUTHORIZED USE OF
PUBLIC ROOMS PROHIBITED.
It shall be unlawful for any person to use any
public room in any hotel for business purposes or
social purposes in violation of the expressed
direction of the owner or manager of such hotel.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 914. PENALTY.
Any person violating any of the provisions of
Sections 911 to 913, inclusive, of this Article,
shall be deemed guilty of a misdemeanor, and,
upon conviction thereof, shall be punishable by a
fine not to exceed $50, or by imprisonment in the
County Jail for a period of not to exceed 30 days
or by both such fine and imprisonment. (Added
by Ord. 1.075, App. 10/11/38)
SEC. 919. REQUIRING OPERATORS OF
HOTELS, MOTELS, AUTO COURTS AND
FURNISHED APARTMENT HOUSE
KEEPERS TO KEEP A REGISTER OF
GUESTS.
The owner, manager or person in charge of
any hotel, motel, auto court, or furnished apart-
ment house shall keep a suitable book or register
cards, open to inspection by regularly employed
members of a law enforcement agency, in which
all occupants of hotels, motels, auto courts, and
furnished apartments shall sign their names,
and the number of the hotel room, motel, auto
court, or furnished apartment assigned to these
guests shall be indicated on the registry book or
registry cards. (Amended by Ord. 1071, Series of
1939, App. 12/3/57)
Sec. 919.1.
San Francisco - Police Code
510
SEC. 919.1. PROHIBITING
RESIDENTIAL HOTEL OPERATORS
FROM CHARGING VISITOR FEES;
LIMITING RESIDENTIAL HOTEL
RESTRICTIONS ON VISITORS;
VIOLATION IS AN INFRACTION.
(a) No operator, employee or agent of a
Residential Hotel, as defined in San Francisco
Administrative Code Section 41.4(p), may im-
pose or collect a charge for any person to visit a
guest or occupant of the hotel. No operator,
employee or agent of Residential Hotel may
implement or impose any policy restricting per-
sons from visiting guests or occupants of Resi-
dential Hotel except in accordance with the pro-
visions of the Uniform Residential Hotel Visitor
Policy or any Supplemental Visitor Policy ap-
proved pursuant to Administrative Code Chap-
ter 4 ID. The provisions of this Section shall be
posted on an 8-1/2 inch by 11-inch sign in the
lobby of each such Residential Hotel in an area
visible to guests and occupants.
(b) Penalty. In addition to any available
civil penalties, any operator, employee or agent
of a Residential Hotel who violates any of the
provisions of this Section shall be guilty of an
infraction, the penalty for which shall be a fine of
not less than $50 nor more than $500, consistent
with the California Government Code. (Added by
Ord. 135-01, File No. 010526, App. 7/6/2001;
amended by Ord. 62-02, File No. 020343, App.
5/3/2002)
SEC. 920. REGISTERING FOR LODGING
ACCOMMODATIONS UNDER FICTITIOUS
NAMES PROHIBITED.
No person shall write or cause to be written,
or knowingly permit to be written, in any regis-
ter in any hotel, motel, auto court, lodging house,
rooming house, or other place whatsoever where
transients are accommodated in the City and
County of San Francisco, any other or different
name or designation than the true or legal name
of the person so registered therein. (Added by
Ord. 256-67, App. 9/27/67)
SEC. 921. PENALTY.
Any person violating any of the provisions of
Section 920 of this Article shall be deemed guilty
of a misdemeanor and upon conviction thereof
shall be punished by a fine not to exceed $500 or
by imprisonment in the County Jail not exceed-
ing 180 days, or by both such fine and imprison-
ment. (Added by Ord. 256-67, App. 9/27/67)
SEC. 924. FIXING RATES, TO BE
CHARGED FOR TRANSPORTATION OF
PERSONAL BAGGAGE.
No person, firm or corporation shall demand,
collect, charge or receive a higher rate for trans-
portation of personal baggage than is herein
specified:
To and from The Embarcadero, or railroad
depot at Third and Townsend Streets, to or from
any point within the following described districts
of San Francisco:
ZONE1.
Starting at Fillmore Street and the Bay, thence
southerly along Fillmore Street and Church
Street to Army Street; thence easterly to Po-
trero Avenue; thence northerly to Division
Street; thence easterly to Channel Street; thence
to the Bay.
RATES—
Trunks $1.00 each
Small pieces with trunks .25 "
All single suitcases or other
small pieces .50 "
Each additional trunk .75 "
ZONE 2.
District bounded on the east by Fillmore and
Church Streets; on the west by First Avenue
and Burnett Avenue; on the south by Thirtieth
Street, and on the north by the Presidio and
Bay.
511
RATES—
Miscellaneous Regulations for Professions and Trades
Sec. 924.
Trunks $1.00 each
Small pieces with trunks .25
All single suitcases or other
small pieces .50
Each additional trunk 1.00 "
ZONE 3.
Between First and Fifteenth Avenues, the Pre-
sidio and Santiago Street. Also district bounded
on the north by Channel and Division Street;
on the west by Potrero Avenue; on the south by
Army Street and the east by the Bay. Also
district bounded on the north by Army Street;
on the west by Mission and Chenery Streets;
on the south by Silver Avenue, and on the east
by San Bruno Avenue.
RATES—
Trunks $1.25 each
Small pieces with trunks .25 "
All single suitcases or other
small pieces .50 "
Each additional trunk 1.00 "
ZONE 4.
District between Fifteenth and Thirtieth Av-
enues from the Presidio and Ocean to San-
tiago Street. Also district bounded by Army
Street on the north; San Bruno Avenue on the
west; Oakdale Avenue on the south. Also dis-
trict bounded by Thirtieth Street on the north;
Chenery Street on the east; Bosworth Street
on the south and Congo Street on the west.
RATES-
ZONE^
District bounded by Thirtieth Avenue and For-
tieth Avenue, the Ocean and Lincoln Park on
the north and Santiago Street on the south.
Also district bounded by Clipper Street on the
north; Burnett Avenue on the east; Bosworth
Street. San Jose and Ocean Avenues on the
south and Phelan Avenue, and Hamburg Street
on the west.
RATES—
Trunks $1.75 each
Small pieces with trunks .25 "
All single suitcases or other
small pieces .50 "
Each additional trunk 1.00 "
ZONE 6.
From Fortieth Avenue to the Ocean to San-
tiago Street. From the Ocean easterly to Ham-
burg Street (including St. Francis Wood, For-
est Hill, Almshouse Tract and Westwood Park
not otherwise provided for) Ocean Avenue,
Madrid Street, Silver Avenue, San Bruno Av-
enue to Oakdale Avenue to the Bay; thence to
the City and County line.
RATES—
Trunks $2.00 each
Small pieces with trunks .25 "
All single suitcases or other
small pieces .50 "
Each additional trunk 1.00 "
Trunks $1.50 each
Small pieces with trunks .25 "
All single suitcases or other
small pieces .50 "
Each additional trunk 1.00 "
Any point on a street that is a division line
between any of the above described districts
shall be entitled to the lowest rate specified in
either one of the districts. (Added by Ord. 1.075,
App. 10/11/38)
Sec. 925.
San Francisco ■ Police Code
512
SEC. 925. EXCLUDED TERRITORY-
RATES.
The rate for the transportation of personal
baggage between points in San Francisco, other
than those mentioned in Section 924 of this
Article, shall be that agreed upon between the
owner of the baggage and the person, firm or
corporation transporting the same. (Added by
Ord. 1.075, App. 10/11/38)
SEC. 926. RECEIVERS TO GIVE CHECK
FOR BAGGAGE.
Upon the receipt of any baggage for delivery,
the person receiving the same shall give to the
owner a check or tag, upon which shall be plainly
printed the name of the owner of the vehicle
used, with his place of business and telephone
number, and, if not an incorporated transfer
company, the number of his license. The person
receiving said baggage shall write upon said
check or tag a short description of the baggage
and its destination. (Added by Ord. 1.075, App.
10/11/38)
SEC. 927. DELIVERY WITHIN
REASONABLE TIME.
All baggage received shall be delivered to its
destination within a reasonable time of its re-
ceipt. (Added by Ord. 1.075, App. 10/11/38)
SEC. 928. PRINCIPALS RESPONSIBLE.
Every person, firm or corporation is respon-
sible for all acts and representations of any
person using the name and acting as agent for
such person, firm or corporation. (Added by Ord.
1.075, App. 10/11/38)
SEC. 929. PERSONAL BAGGAGE
DEFINED.
Personal baggage within the meaning of Sec-
tions 924 to 929, inclusive, of this Article, shall
include all trunks, suitcases and valises, tele-
scope baskets, hampers, rolls of blankets or
clothing, provided that any bundle or package
weighing 35 pounds or more, or three or more
feet long, shall be classed as trunks, and all other
bundles or packages as valises. (Added by Ord.
1.075, App. 10/11/38)
SEC. 934. REGULATING SALE OF
POLICE BADGES.
It shall be unlawful for any person, firm or
corporation to sell or offer for sale, or cause to be
sold or offered for sale, or to deliver, or cause to
be delivered, to any person, any badge or star of
the kind or design used by the members of the
Police Department, without the written authori-
zation of the Chief of Police. (Added by Ord.
1.075, App. 10/11/38)
SEC. 939. REGULATING ISSUANCE OF
PRESS CARDS.
The Chief of Police is hereby authorized to
issue press cards to newsgatherers, reporters
and photographers in the actual and bona fide
employment of a newspaper or periodical, for the
purpose of securing their admittance within all
police lines in this City and County.
Applications for a press card shall be made in
writing and filed with the Chief of Police. Each
applicant for a press card must file with his
application two recent photographs of himself of
a size that may be easily attached to his press
card, one of which shall be attached to his press
card when issued, and the other shall be filed
with his application with the Chief of Police. The
photograph shall be so attached to the press card
that it cannot be removed and another photo-
graph substituted without detection.
All press cards issued under this Section
shall be issued on an annual basis, expiring on
the last day of December.
A record of the issuance of such press cards
shall be kept in the office of the Chief of Police,
with the date of issuance, the name of the person
to whom issued, and the number of the card. The
Chief of Police may at any time at his pleasure
revoke the privilege attached to any or all such
cards. Unless revoked, the privilege attached to
such cards shall automatically terminate on the
date of expiration, such expiration date to be
determined as hereinabove indicated.
Such cards shall not be transferable and it
shall be unlawful for any person to use or have in
his possession any such card unless the same
was issued to him by the Chief of Police; or to use
513
Miscellaneous Regulations for Professions and Trades
Sec. 947.
any such card after the privilege attached thereto
has terminated or been revoked. It shall likewise
be unlawful for any person to use any such card
while such person is not in the actual and bona
fide employment of a newspaper or periodical as
a newsgatherer, reporter, or photographer.
(Amended by Ord. 5-82, App. 1/8/82)
SEC. 940. PENALTY.
Any person violating any provisions of Sec-
tion 939 of this Article shall be deemed guilty of
a misdemeanor, and upon conviction thereof shall
be punished by a fine not to exceed $25 or by
imprisonment in the County Jail not exceeding
10 days, or by both such fine and imprisonment.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 944. SIDEWALK ELEVATOR, ETC.,
IRON DOOR, ETC., AND LOCK
REQUIRED.
It shall be unlawful for any person, firm or
corporation to construct, operate or use, or cause
to be constructed, operated or used, any sidewalk
elevator unless the shafts or sidewalk openings
of such sidewalk elevators be covered with sub-
stantial iron doors, or iron gratings as nearly
flush with the upper surface of the sidewalks as
will permit proper drainage, and unless such
doors or gratings be provided with some mechani-
cal device for locking and unlocking them which
will not require any person to ride on such
elevator for the purpose of locking or unlocking
said doors or gratings. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 945. MECHANICAL DEVICE FOR
STOPPING REQUIRED.
It shall be unlawful for any person, firm or
corporation to construct, operate or use, or cause
to be constructed, operated or used, any sidewalk
elevator unless the same shall be equipped with
some mechanical device which will prevent the
platform of said elevator from approaching within
less than five feet of the sidewalk doors or
gratings thereof when the said doors or gratings
are closed. (Added by Ord. 1.075, App. 10/11/38)
SEC. 946. UNLAWFUL OPENINGS
PROHIBITED— KIND OF METAL GUARDS
REQUIRED.
It shall be unlawful for any person to open
any sidewalk elevator doors or gratings unless
he is directed or permitted by the person, firm or
corporation using said elevator to open such
doors or gratings. And it shall be unlawful for
any person, firm or corporation operating or
using such sidewalk elevator to open or cause to
be opened the elevator doors or gratings thereof
unless a responsible person connected with the
person, firm or corporation operating or using
said elevator shall be stationed on the sidewalk
immediately adjacent to said doors or gratings,
who shall lift said doors or grating by hand,
except that, if they are automatically lifted from
below upon the rising of such elevator, before
said doors or gratings are raised, removable
metal guards, consisting of four metal posts, not
less than three feet in height, shall be inserted in
sockets placed in the sidewalk at the four corners
of such doors or gratings, with the tops of such
posts connected by chains or bars, so that all
sides of such openings shall be guarded, except
that side next to curb, and the public protected
from injury by the sudden raising of such doors.
Such metal guards shall be removed as soon as
said doors or gratings are closed. (Added by Ord.
1.075, App. 10/11/38)
SEC. 947. NIGHT OPENING, LAMPS
AND GUARDS REQUIRED FOR.
It shall be unlawful for any person, firm or
corporation operating or using sidewalk eleva-
tors to keep the doors or gratings thereof open or
permit the same to remain open except during
the time necessary for the receiving or shipping
of merchandise or supplies and unless during
said time the said doors or gratings remain open
suitable guards or railings are provided around
the opening of the sidewalk to prevent accidents
to the public, and unless a lighted lamp shall be
maintained at openings when the doors or grat-
ings thereof are open after dark. (Added by Ord.
1.075, App. 10/11/38)
Sec. 948.
San Francisco - Police Code
514
SEC. 948. TRAP-DOOR, KIND OF METAL
GUARDS REQUIRED FOR.
It shall be unlawful for any person, firm or
corporation to construct, operate, or use, or cause
to be constructed, operated, or used, any trap-
door, or opening whatsoever in any sidewalk,
unless the same be equipped with removable
metal guards, consisting of four metal posts, not
less than three feet in height, and which metal
posts shall be inserted in sockets placed in the
sidewalk at the four corners of such trap-door or
opening, with the tops of such posts connected by
chains or bars, so that all sides of such openings
shall be guarded. Such metal guards shall be
removed as soon as said trap-doors or openings
are closed. (Added by Ord. 1.075, App. 10/11/38)
SEC. 949. TRAP-DOOR, WHILE OPEN,
GUARDS REQUIRED.
It shall be unlawful for any person, firm or
corporation, operating or using trap-doors or
other openings in sidewalks to keep the doors,
openings or gratings thereof open or permit the
same to remain open except during the time
necessary for the receiving or shipping of mer-
chandise or supplies and unless during said time
the said trap-doors, openings or gratings remain
open suitable guards or railings are provided
around the opening of the sidewalk to prevent
accidents to the public. (Added by Ord. 1.075,
App. 10/11/38)
SEC. 954. SALE OF MERCHANDISE ON
OCEAN BEACH PROHIBITED.
It shall be unlawful for any person, firm or
corporation to sell or offer for sale any goods,
wares, merchandise or other commodity on that
portion of said City and County of San Francisco
known as the Ocean Beach, contiguous to and
lying immediately west of the "Great Highway,"
between high and low water mark thereof, and
between the northerly line of Wawona Street
extending westerly to the Pacific Ocean and low
water mark, and the northerly line of Anza
Street extending westerly to the Pacific Ocean
and low water mark. (Added by Ord. 1.075, App.
10/11/38)
SEC. 955. PROHIBITED SOLICITING
UPON STREETS OF MAGAZINE
SUBSCRIPTIONS, ETC.
No person shall on any public street or side-
walk in the City and County of San Francisco, or
in any area or doorway or entrance-way imme-
diately abutting thereon, solicit the sale to street
or sidewalk traffic of any subscription to any
magazine or periodical for future delivery, or the
sale of any tangible personal property to be
delivered to the purchaser thereof, or to any
other person, at a subsequent time. (Added by
Ord. 3263, Series of 1939, App. 5/15/45)
SEC. 959. REGULATING TURNING OFF
OF GAS SUPPLY IN HOTELS AND
DWELLINGS.
It shall be unlawful for any proprietor, owner,
lessee or person to turn off the gas supply, at the
meter, or any other point on the supply pipe,
except at the stop cock on the gas fixture, in any
hotel, lodging house, apartment house, or in any
house or building wherein rooms are rented or
used for sleeping purposes, or in any private
residence, except said gas supply is turned off for
repairs or by reason of accident, or in cases
where the building is vacated. (Added by Ord.
1.075, App. 10/11/38)
SEC. 960. USE OF DEFECTIVE STOP
COCKS IN HOTELS AND DWELLINGS
PROHIBITED.
It shall be unlawful for any proprietor, owner,
lessee or person to maintain or use in any hotel,
lodging house, apartment house or in any house
or building wherein rooms are rented or used for
sleeping purposes, or in any private residence,
any gas fixture having a defective key or stop
cock, or any key or stop cock which has not a pin
or other device to prevent a reopening of the gas
way by further continuous movement of the key
or stop cock in the same direction after the gas
way has been closed. (Added by Ord. 1.075, App.
10/11/38)
SEC. 961. PENALTY.
Every person who shall violate any of the
provisions of Sections 959 and 960 of this Article
515
Miscellaneous Regulations for Professions and Trades
SEC. 972.
shall be deemed guilty of a misdemeanor and
upon conviction thereof, shall be punished by a
fine of not more than $500 nor less than $50, or
by imprisonment in the County Jail for a period
of not more than six months nor less than 50
days, or by both such fine and imprisonment.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 964. CRUSHING ROCK, ETC.,
WITHIN CERTAIN HOURS, ETC.,
PROHIBITED.
No person, firm or corporation shall carry on
the business of crushing rock, brick or concrete
by machinery or otherwise in the City and County
of San Francisco unless the place where such
business is conducted and carried on is so en-
closed as to prevent the deposit or scattering of
rock, dust or debris outside of said enclosure
upon the public streets, highways or squares, or
property of adjacent owners; and no such ma-
chinery shall be operated within the fire limit of
said City and County between the hours of 6:00
p.m. and the hour of 6:00 a.m. of the following
day. (Added by Ord. 1.075, App. 10/11/38)
SEC. 969. TRANSPORTATION
TICKETS— REGULATING SALE OF.
(a) It is hereby determined and declared
that the price or charge for the sale, resale,
purchase, or procurement by purchase or other-
wise, within the City and County of San Fran-
cisco, of tickets, reservations or passenger accom-
modations, issued by any railroad, parlor or
sleeping car owner or operator, steamship com-
pany, air line or bus line, is a matter affected
with a public interest and subject to the super-
vision of the authorities of said City and County,
for the purpose of safeguarding the public against
fraud, extortion, exorbitant rates and similar
abuses.
(b) It shall be unlawful for any person, firm
or corporation to offer for sale, sell, resell, or
cause to be sold, or resold; or to purchase, ac-
quire or procure, either on his own behalf or on
behalf of another, in the City and County of San
Francisco, any ticket, reservation or passenger
accommodation, issued by any railroad, parlor or
sleeping car owner or operator, or steamship
company, air line or bus line, at a price in excess
of $1 over the established tariff charge therefor.
The term "established tariff charge" shall be
the charge set forth in the tariff as published and
filed by the railroad, parlor or sleeping car owner
or operators, steamship company, air line or bus
line, involved.
(c) Nothing in Sections 969 to 972, inclu-
sive, of this Article contained shall be taken or
deemed to authorize or approve the sale of such
ticket, reservation or passenger accommodation
by any railroad, parlor or sleeping car owner or
operator, or steamship company, air line or bus
line, or by any officer, agent or employee thereof,
at other than the lawful tariff rates applicable
thereto. (Added by Ord. 3042, Series of 1939,
App. 12/14/44)
SEC. 970. REGULATIONS TO BE
POSTED.
The person responsible for the management
of each travel agency and hotel, operating within
the City and County of San Francisco, and where
such reservations may be made, shall cause a
copy of Sections 969 to 972, inclusive, of this
Article to be posted in a conspicuous place on
said premises. (Added by Ord. 3042, Series of
1939, App. 12/14/44)
SEC. 971. PENALTY.
Any person violating the provisions of. Sec-
tions 969 to 972, inclusive, of this Article shall be
guilty of a misdemeanor, and upon conviction,
shall be punished by a fine of not to exceed $100
or by imprisonment in the County Jail for a term
not to exceed 30 days, or by both such fine and
imprisonment. (Added by Ord. 3042, Series of
1939, App. 12/14/44)
SEC. 972. EXCEPTIONS.
(a) Sections 969 to 972, inclusive, of this
Article shall not apply to tickets, reservations or
passenger accommodations to or from places
outside of the continental United States and
Canada, nor shall it apply to the sale, resale,
purchase or acquisition of any of such tickets or
reservations sold, disposed of, purchased or ac-
quired, pursuant to any written contract be-
SEC. 972.
San Francisco ■ Police Code
516
tween a travel agency and the owner or operator
of any of the above enumerated transportation
companies.
(b) Nothing contained in Sections 969 to
972, inclusive, of this Article shall prevent a
regularly established travel bureau or travel
agency from selling tours over common carriers,
with stopover accommodations and services, for
a price that includes an entire tour, nor shall
such a bureau or agency be limited by Sections
969 to 972, inclusive, of this Article in its charges
for travel assistance or service rendered to its
patrons in the regular course of its business.
(Added by Ord. 3042, Series of 1939, App. 12/14/
44)
(c) For the purposes of this Section, the
word "drink" is hereby defined to mean any
nonalcoholic beverage, or any alcoholic beverage
which contains less than one-half of one percent
of alcohol by volume and which is fit for beverage
purposes either alone or when diluted, mixed, or
combined with other substances.
(d) The violation of any provision of this
Section shall constitute a misdemeanor, punish-
able by fine not exceeding $500, or by imprison-
ment in the County Jail for a period not exceed-
ing 90 days, or by both such fine and
imprisonment. (Added by Ord. 249-60, App. 5/12/
60)
SEC. 973. PROHIBITING SOLICITATION
OF PURCHASES OF FOOD AND DRINK;
DECLARING PENALTIES.
(a) It shall be unlawful in any place of
business where food or drink is sold to be con-
sumed upon the premises, for any person who
loafs or loiters about such place, or who is
employed therein, to solicit or beg any patron,
customer or visitor in such establishment to
purchase any food or drink for the one so solic-
iting or begging or for any other person frequent-
ing or loafing or loitering about such establish-
ment; and no person shall enter upon such place
of business, or remain therein, for the purpose of
so soliciting or begging any patron, customer or
visitor to purchase any food or drink for the one
so entering or remaining or for any other person.
(b) It shall be unlawful for any person who
owns, manages or otherwise exercises control
over any such place of business as described in
Subdivision (a) of this Section to permit or allow
any person to solicit or beg any patron, customer
or visitor therein to purchase any food or drink
for the one so soliciting or begging or for any
other person frequenting or loafing or loitering
about such establishment. In addition to the
penalties prescribed in Subdivision (d) of this
Section, any person owning, managing or other-
wise controlling such place of business who per-
mits or allows any violation of this Section shall
be deemed guilty of maintaining a nuisance.
[The next page is 535]
ARTICLE 13.1: JUNK DEALERS— PERMIT AND REGULATION
Sec. 974.1.
Sec. 974.2.
Sec. 974.3.
Sec. 974.4.
Sec. 974.5.
Sec. 974.6.
Sec. 974.7.
Sec. 974.8.
Sec. 974.9.
Sec. 974.10-1.
Sec. 974.10-2.
Sec. 974.11.
Sec. 974.12.
Sec. 974.13.
Sec. 974.14-1.
Sec. 974.14-2.
Sec. 974.15.
Sec. 974.16.
Sec. 974.17.
Sec. 974.20.
Sec. 974.21.
Sec. 974.22.
Sec. 974.23.
Sec. 974.25.
Definitions.
Permit Required.
Application for Junk Dealer
Permit.
Contents of Application.
Corporate Applicants.
Partnership Applicants.
Verification of Application.
Notice of Hearing.
Referral of Applications to
Other Departments.
Issuance of Junk Dealers
Permit.
Annual Review.
Suspension or Revocation of
Permit.
Name and Place of Business-
Change of Location.
Transfer of Permit.
Operation of a Junk Dealer.
Prohibitions on Particular
Purchases.
Holding Period Exemption.
Holding Period Exemption
(Continued).
Holding Period Exemption
(Continued).
Computation of Time.
Penalty.
Limit on Suspension.
License Fees.
Severability.
SEC. 974.1. DEFINITIONS.
(a) Except as otherwise specified in this
section, the terms used in this Article shall have
the same meaning as those terms are defined in
the California Business and Professions Code,
Chapter 9, Article 3, Section 21600 et seq., in-
cluding as those sections are hereafter amended.
(b) "Buy Book" is a form to be filled out that
must contain all of the following information:
(i) The place and date of each sale or pur-
chase of junk.
(ii) The name, valid driver's license number
and state of issue or valid California-issued
identification card number of the person buying
or selling junk, and vehicle license number in-
cluding the state of issue of any motor vehicle
used in transporting the junk to the junk dealer's
or recycler's place of business.
(iii) The name and address of each person to
whom junk is sold or disposed of, and the license
number of any motor vehicle used in transport-
ing the junk from the junk dealer's or recycler's
place of business.
(iv) A description of the item or items of
junk purchased or sold, including the item type
and quantity, model number and/or model name,
and identification number, if visible.
(v) A statement indicating either that the
seller of the junk is the owner of it, or the name
of the person he or she obtained it from, as
shown on a signed transfer document.
(vi) If the state legislature amends Califor-
nia Business and Professions Code Section 21606,
that subsequent amendment shall be incorpo-
rated herein.
(c) Hazardous materials shall be those ma-
terials defined in San Francisco Health Code
Article 21, Division 1, Section 1102. (Added by
Ord. 136-75, App. 4/14/75; amended by Ord.
389-91, App. 10/31/91; Ord. 69-05, File No. 050178,
App. 4/15/2005)
SEC. 974.2. PERMIT REQUIRED.
(a) It shall be unlawful for any person to
engage in, conduct, or carry on the business of
junk dealer in the City and County of San
Francisco without first securing a permit there-
for from the Chief of Police.
535
Sec. 974.2.
San Francisco - Police Code
536
(b) Exclusion. A recycler, processor, recy-
cling center, or noncertified recycler, as those
terms are defined in Chapter 2 (commending
with Section 14502) of Division 12.1 of the Cali-
fornia Public Resources Code shall not be subject
to the requirements of this Article, but shall be
regulated by provisions of Chapter 9, Article 3
(commencing with Section 21600) of the Califor-
nia Business and Professions Code. (Added by
Ord. 136-75, App. 4/14/75; amended by Ord.
389-91, App. 10/31/91)
SEC. 974.3. APPLICATION FOR JUNK
DEALER PERMIT.
The applicant for a permit to engage in,
conduct, or carry on the business of junk dealer
shall file an application on a form provided
therefor by the Chief of Police and shall pay a
filing fee, which shall not be refundable. (Amended
by Ord. 555-81, App. 11/12/81)
SEC. 974.4. CONTENTS OF
APPLICATION.
The application for a permit to engage in,
conduct or carry on a business of junk dealer
shall set forth the proposed place of business and
facilities therefor, including whether or not the
junk dealer will engage in welding, use of a
propane tank, or cutting torches operated by
compressed gasses, the name and address of
each applicant, and such other information as
the Chief of Police deems necessary to investi-
gate the applicant and the applicant's proposed
place of business. (Added by Ord. 136-75, App.
4/14/75; amended by Ord. 69-05, File No. Q50178,
App. 4/15/2005)
SEC. 974.5. CORPORATE APPLICANTS.
If the applicant for a permit is a corporation,
the application shall set forth the name of the
corporation exactly as set forth in the Articles of
Incorporation, together with the names and ad-
dresses of each officer, director and shareholder
owning more than 10 percent of the stock of such
corporation. (Added by Ord. 136-75, App. 4/14/
75)
SEC. 974.6. PARTNERSHIP
APPLICANTS.
If the applicant to conduct, carry on, or
engage in the business of junk dealer is a part-
nership, the application shall set forth the names
and addresses of each partner, including limited
partners. If one or more of the partners is a
corporation, the provisions for corporate appli-
cant shall apply to such corporate partners.
(Added by Ord. 136-75, App. 4/14/75)
SEC. 974.7. VERIFICATION OF
APPLICATION.
Every application for a permit shall be veri-
fied as provided for in the California Code of
Civil Procedures for the verification of pleadings.
(Added by Ord. 136-75, App. 4/14/75)
SEC. 974.8. NOTICE OF HEARING.
When an application is filed for a permit
pursuant to the provisions of this Article, the
Chief of Police shall set a date for said hearing
not less than 10 days from the date of the
application. The Chief of Police shall cause to
have posted on the premises in a conspicuous
place a notice of such hearing and the type of
business to be conducted therein at least 10 days
prior to the hearing. The applicant shall main-
tain such notice on his premises. (Added by Ord.
136-75, App. 4/14/75)
SEC. 974.9. REFERRAL OF
APPLICATIONS TO OTHER
DEPARTMENTS.
The Chief of Police, upon receiving an appli-
cation to engage in, conduct or carry on the
business of junk dealer, shall refer the applica-
tion to the Bureau of Building Inspection, Fire
Department, the Department of Public Health
and to the City Planning Department, which
departments shall inspect the premises proposed
to be operated as a junk yard by the applicant
and shall make written recommendations to the
Chief of Police. (Added by Ord. 136-75, App.
4/14/75)
537
Junk Dealers — Permit and Regulation
Sec. 974.10-2.
SEC. 974.10-1. ISSUANCE OF JUNK
DEALERS PERMIT.
The Chief of Police may issue a permit within
14 days after the date of hearing if the Chief
finds:
(a) That the proposed premises to be used
by the applicant as a junk yard conforms to all
applicable laws, including, but not limited to, the
Building, Health, Fire, City Planning and Hous-
ing Codes of the City and County of San Fran-
cisco;
(b) That the applicant has appropriate per-
mits for welding, use of propane tanks, or cutting
torches operated by compressed gasses if the
permit holder will use such items in the busi-
ness;
(c) That the applicant has not been con-
victed of a crime involving the possession or theft
of property, fraud, hazardous materials or the
environment, or crimes related to the operation
of a junk dealer, provided, however, the Chief of
Police shall not take into account such conviction
if the applicant suffered such conviction at least
five years prior to the date of the application and
at least five years has elapsed since the appli-
cant has been free of any disability resulting
from said conviction and the applicant has suf-
fered no subsequent convictions for a felony or
misdemeanor offense relating to theft or the
possession of stolen property, fraud, crimes re-
lated to hazardous materials or the environ-
ment;
(d) That the proposed location of the busi-
ness is a suitable place to carry on the business
of junk dealer. In making such finding, the Chief
of Police may take into consideration the effect of
the issuance of the permit upon the surrounding
property and the inhabitants thereof;
(e) That the applicant has not had revoked
any permit or license issued by the State of
California or the City and County of San Fran-
cisco or other government agency to engage in a
business or profession within the State of Cali-
fornia because of a violation of law or because of
violation of regulations promulgated by the regu-
lating agency having control or jurisdiction over
the license or permit; further, the Chief of Police
shall not consider any such revocation if such
revocation occurred at least five years prior to
the date of the application.
(f) That the applicant has not had civil
penalties imposed by a court or other govern-
ment agency related to the operation of a junk
dealer or hazardous materials or the environ-
ment within the past five years prior to the date
of application. (Added by Ord. 136-75, App. 4/14/
75; amended by Ord. 69-05, File No. 050178,
App. 4/15/2005)
SEC. 974.10-2. ANNUAL RENEWAL.
(a) Every junk dealer shall provide to the
Chief of Police, by the anniversary date of the
issuance of the permit, information regarding
changes in the business or status of the permit
holder. Such information shall include:
(i) Information regarding all notices of vio-
lation issued by any governmental entity, includ-
ing but not limited to the San Francisco Depart-
ment of Public Health, Building Inspection, Fire
Department, or City Planning, to the business,
property owner, permit holder, or employees,
during the past year.
(ii) Information detailing corrective actions
taken to address previous notices of violation or
other conditions placed upon the business.
(iii) Information regarding criminal cita-
tions issued to the business, property owner,
permit holder or employees related to the opera-
tion of the business, including citations regard-
ing failure to comply with state or local law
applicable to junk dealers, or for receiving stolen
property.
(iv) Any change in information regarding
the permit holder or ownership of the business,
including change of address, change of owner-
ship or change of partnership or corporate sta-
tus.
(v) If the permit holder welds, uses propane
tanks, or cutting torches operated by compressed
gasses on the premises or as part of its business,
proof of valid permits for such use.
(b) The Police Department shall within 30
days of the receipt of the annual renewal infor-
mation review the information and determine
Sec. 974.10-2.
San Francisco - Police Code
538
whether or not a revocation hearing is war-
ranted. The Police Department should inform
the permit holder of its decision in writing by
first class mail to the address provided in the
application within 30 days of the receipt of such
information. Should the Department determine
that a revocation hearing is warranted, the De-
partment shall follow the procedure set forth in
this article for revocation hearings. Failure to
inform the permit holder of the decision within
30 days does not preclude the Department from
initiating a revocation hearing. (Added by Ord.
69-05, File No. 050178, App. 4/15/2005)
SEC. 974.11. SUSPENSION OR
REVOCATION OF PERMIT.
Any permit to a junk dealer may be sus-
pended or revoked by the Chief of Police after a
hearing for cause.
(a) Cause may include:
(i) Violations of any of the provisions of this
Article, including violations by employees where
the permit holder knew or should have known of
the violation.
(ii) Refusal to permit any peace officer of
the State of California or the United States or
other person with authority to enforce applicable
rules and regulations to inspect the premises of
the junk dealer, the junk stored thereon or the
operations therein.
(iii) Violations of the Business and Profes-
sions Code of the State of California relating to
the operations of a junk dealer.
(iv) The premises are in violation of the San
Francisco Municipal Code, including but not
limited to the building, health, fire, city planning
and/or police codes.
(v) Failure to maintain buy books in the
manner required by this Article, including fail-
ure to completely fill out the required form.
(vi) Use of welding equipment, propane
tanks, or cutting torches operated by compressed
gasses without valid permits,
(b) The standard of proof at the hearing
shall be preponderance of the evidence. (Added
by Ord. 136-75, App. 4/14/75; amended by Ord.
69-05, File No. 050178, App. 4/15/2005)
SEC. 974.12. NAME AND PLACE OF
BUSINESS— CHANGE Of LOCATION.
No person granted a permit pursuant to the
provisions of this Article shall operate under
another name or in any location not specified on
the permit. (Added by Ord. 136-75, App. 4/14/75;
amended by Ord. 69-05, File No. 050178, App.
4/15/2005)
SEC. 974.13. TRANSFER OF PERMIT.
No permit issued pursuant to the provisions
of this Article shall be transferred to any other
person or to any other location without the
written consent of the Chief of Police, provided,
however, that upon the death or incapacity of the
permittee the junk yard may continue for a
reasonable period of time to allow for an orderly
transfer of the permit. (Added by Ord. 136-75,
App. 4/14/75)
SEC. 974.14-1. OPERATION OF A JUNK
DEALER.
Every junk dealer shall:
(a) Maintain on the business premises all
junk purchased by the permitted business except
ferrous metals as set forth in (b) below, or alu-
minum cans, in the same condition as purchased
for a period of five working days unless exempted
pursuant to this Article; however, this holding
period may be extended for a period not to exceed
14 working days at the request of a peace officer
but not beyond 14 working days without an order
of court;
(b) Maintain on his premises all ferrous
metals purchased by the permitted business in
the same condition as purchased that are fence
material, pipe, chain, foundry castings, cable or
conduit or thin wall tubing for a period of three
days unless exempted pursuant to provisions of
this Article;
(c) Allow any peace officer or other person
with authority to enforce applicable rules and
laws to inspect the premises and articles stored
therein and operation thereof of the junk dealer
at the junk yard.
539
Junk Dealers — Permit and Regulation
Sec. 974.17.
(d) Maintain a "Buy Book" in the following
manner:
(i) Fill out the form completely for every
transaction;
(ii) Require the seller to present a valid
form of identification at the time of each trans-
action and record the information from that
piece of identification at the time of the transac-
tion;
(iii) Consecutively number each buy book;
(iv) Include in the buy book any and all
voided tags;
(v) Maintain the buy book in serial number
order for a period of three years from the last
date in the book;
(vi) Allow inspection by law enforcement
agencies of the buy book immediately on request
without a subpoena.
(e) Post the permit in a conspicuous place at
the junk yard.
(f) Maintain the sidewalks, driveways and
other areas adjacent to the premises clear of
obstacles, trash and debris.
(g) Take reasonable steps to ensure that its
customers do not loiter in the areas adjacent to
or near the premises. (Added by Ord. 136-75,
App. 4/14/75; amended by Ord. 69-05, File No.
050178, App. 4/15/2005)
SEC. 974.14-2. PROHIBITIONS ON
PARTICULAR PURCHASES.
No person holding a junk dealer permit shall
purchase:
(a) Any item from a seller who does not
present at the time of the transaction a valid
driver's license or other valid government-issued
identification.
(b) Automotive or mechanical parts that
contain hazardous materials.
(c) Goods where the permit holder or em-
ployee has or should have reason to believe that
the goods may be stolen. (Added by Ord. 69-05,
File No. 050178, App. 4/15/2005)
SEC. 974.15. HOLDING PERIOD
EXEMPTION.
The Chief of Police or a peace officer, or
officers designated by the Chief of Police, may
authorize a retention period of less than five
working days for nonferrous metals or for those
ferrous metals mentioned in Section 974.14-l(b)
purchased by the junk dealer after the officer's
investigation and by endorsing in writing on the
junk dealer's copy of the "Buy Book" form an
authorization to release the metals hereinabove
mentioned. (Added by Ord. 136-75, App. 4/14/75;
amended by Ord. 69-05, File No. 050178, App.
4/15/2005)
SEC. 974.16. HOLDING PERIOD
EXEMPTION (CONTINUED).
A junk dealer shall not be required to retain
nonferrous metals or those ferrous metals men-
tioned in Section 974.14(b) in the same condition
as purchased or retain the said metals in his
junk yard if said metals were purchased from a
public utility or a government agency and pay-
ment is made for the metals by check drawn on
an account of the junk dealer and made payable
to the public utility company or government
agency from which the metals hereinabove men-
tioned were purchased. (Added by Ord. 136-75,
App. 4/14/75)
SEC. 974.17. HOLDING PERIOD
EXEMPTION (CONTINUED).
A junk dealer shall not be required to retain
nonferrous metals or those ferrous metals men-
tioned in Section 974.14(b) in the same condition
as purchased or retain such material at his junk
yard for a period of five working days if said
metals were purchased from a firm having a
fixed place of business and said firm has been at
the same location for more than two years and
payment is made to said firm by a check drawn
on an account in the name of the junk dealer and
made payable to the company from which the
metals hereinabove mentioned were purchased.
(Added by Ord. 136-75, App. 4/14/75)
Sec. 974.18.
(Added by Ord. 136-75, App. 5/14/75; repealed by
Ord. 69-05, File No. 050178, App. 4/15/2005)
Sec. 974.17.
San Francisco - Police Code
540
Sec. 974.19.
(Added by Ord. 136-75, App. 4/14/75; repealed by
Ord. 69-05, File No. 050178, App. 4/15/2005)
SEC. 974.20. COMPUTATION OF TIME.
In computing the number of days for the
retention of metal pursuant to the provisions of
this Article, the day of purchase shall not be
counted, nor shall Saturdays, Sundays or days
declared to be holidays by Section 6700 or 6701
of the Government Code of the State of Califor-
nia be counted. (Added by Ord. 136-75, App.
4/14/75)
SEC. 974.21. PENALTY.
(a) Violation of the provisions of this Ar-
ticle, with the exception of Section 974. 14- 1(f)
and (g), shall be punishable as a misdemeanor by
a fine not to exceed $1000 or by imprisonment in
the County Jail not to exceed six months or by
both such fine and imprisonment.
(b) Violation of 974.14-l(f) and (g) of this
Article shall be punishable as follows:
(1) First Conviction. Any person violating
Section 974. 14- 1(f) and (g) shall be guilty of an
infraction. Upon conviction, the violator shall be
punished by a fine of not to exceed $500 for each
provision violated.
(2) Subsequent Convictions. In any accu-
satory pleading charging a violation of Section
974.14-l(f) or (g), if the defendant has been
previously convicted of a violation of such Sec-
tion^), each such previous violation and convic-
tion may be charged in the accusatory pleading.
Any person violating any provision of this sec-
tion a second time shall be guilty of an infraction
or a misdemeanor, at the discretion of the pros-
ecutor. A violation which is an infraction is
punishable by a fine of not less than $500 or
more than $1000 for each provision violated. A
violation that is a misdemeanor is punishable by
a fine of not more than $1000, or by imprison-
ment in the County Jail for not more than six
months, or by both such fine and imprisonment.
(Added by Ord. 136-75, App. 4/14/75; amended
by Ord. 69-05, File No. 050178, App. 4/15/2005)
SEC. 974.22. LIMIT ON SUSPENSION.
If the Chief of Police determines based on
reasonable cause that the junk business poses an
immediate threat to the safety of the employees
or the public, the Chief shall have the authority
to immediately suspend the permit. The Chief
shall provide notice to the permit holder within
one week of the suspension as to a date for a
revocation hearing. The revocation hearing must
be held within 45 days of the suspension absent
an agreement of the permit holder to voluntarily
continue the hearing date and extend the period
of suspension. (Added by Ord. 136-75, App. 4/14/
75; amended by Ord. 69-05, File No. 050178,
App. 4/15/2005)
SEC. 974.23. LICENSE FEES.
Every person issued a permit pursuant to the
provisions of this Article shall pay an annual
license fee, payable in advance to the Tax Collec-
tor. (Amended by Ord. 555-81, App. 11/12/81)
Sec. 974.24.
(Added by Ord. 136-75, App. 4/14/75; repealed by
Ord. 69-05, File No. 050178, App. 4/15/2005)
SEC. 974.25. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article
or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the
remaining portions of this Article or any part
thereof. The Board of Supervisors hereby de-
clares that it would have passed each section,
subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or ineffec-
tive. (Added by Ord. 136-75, App. 4/14/75)
[The next page is 551]
ARTICLE 14: LICENSES FOR ADVERTISING
Sec. 989. Regulating Balloon and Kite
Advertising.
Sec. 990. Notice to Director of Public
Works.
Sec. 991. Inspection.
Sec. 991.1. Filing Fee.
Sec. 992. License Fees.
SEC. 989. REGULATING BALLOON AND
KITE ADVERTISING.
It shall be unlawful for any person, firm or
corporation to release inside the limits of the
City and County of San Francisco, or to release
in such a manner that the same will float over
the City and County of San Francisco, or any
portion thereof, any balloon or kite carrying any
advertising matter thereon or used for the pur-
pose of advertising any person, firm, corporation
or product, or to suspend in the air over the City
and County of San Francisco, or any portions
thereof, either by ropes, strings, wires or cables,
any balloon or kite carrying any advertising
matter thereon or used for the purpose of adver-
tising any person, firm, corporation or product,
without having first obtained a permit therefor
from the Police Department, which said permit
shall specify the name of the permittee and the
location of the place of business of said permit-
tee. (Added by Ord. 1.075, App. 10/11/38)
SEC. 990. NOTICE TO DIRECTOR OF
PUBLIC WORKS.
No permittee authorized to do the things set
out in Section 989 of this Article, shall release or
fly any balloon or kite for the aforesaid purposes,
within this city and county, without first notify-
ing in writing the Director of Public Works of the
location from which said balloon or kite is to be
flown, released, attached or suspended. (Added
by Ord. 1.075, App. 10/11/38)
SEC. 991. INSPECTION.
It shall be the duty of the Director of Public
Works, upon receipt of the aforesaid written
notice from the permittee, to inspect the said kite
or balloon and ropes, strings, wires or cables, and
the mechanism used in suspending, tying, rais-
ing or lowering the kite or balloon for the pur-
pose of ascertaining whether they are of suffi-
cient strength and texture and mechanically
proper to permit their operation in safety; but in
no instance shall the Director of Public Works
allow any kite or balloon for the aforesaid pur-
poses to be used to which is attached any wire,
wire cable or metallic substance, or which is
painted with a metallic paint. (Added by Ord.
1.075, App. 10/11/38)
SEC. 991.1. FILING FEE.
Every person desiring a permit pursuant to
Section 989 of this Article shall file an applica-
tion with the Chief of Police upon a form pro-
vided by said Chief of Police and shall pay a
filing fee. (Added by Ord. 555-81, App. 11/12/81)
SEC. 992. LICENSE FEES.
Any person, firm, or corporation permitted by
the Police Department to release, fly, float, sus-
pend, raise or lower any kite or balloon as set out
in Section 989 of this Article, shall pay to the Tax
Collector of this City and County a license fee per
balloon or kite per person for the privilege of
using said permit. (Added by Ord. 143-82, App.
3/26/82)
551
Sec. 992. San Francisco - Police Code 552
[The next page is 561]
ARTICLE 15: LICENSES FOR AMUSEMENTS
Sec. 1015. Imposing a License Tax on
Itinerant Shows.
Sec. 1016. Itinerant Show Defined.
Sec. 1017. Permit by Entertainment
Commission; Regulations for.
Sec. 1017.1. Filing Fee.
Sec. 1017.2. Exemption, Nonprofit
Organization.
Sec. 1018. Permit and License Regulations.
Sec. 1019. Circuses.
Sec. 1019.1. Permit Required.
Sec. 1019.2. License Fee.
Sec. 1019.3. Issuance of License.
Sec. 1019.4. License Fee, Exception.
Sec. 1019.5. Exemptions.
Sec. 1020. Rodeo Exhibitions and Shows.
Sec. 1021. Ball or Ring Throwing Games.
Sec. 1022. Definitions.
Sec. 1023. Permit Required.
Sec. 1024. Application for Permit.
Sec. 1024.1. Filing Fee.
Sec. 1025. License Fees.
Sec. 1026. Regulations.
Sec. 1027. Penalty.
Sec. 1029. Masked Balls.
Sec. 1031. Amusement Park Defined.
Sec. 1031.1. Permit.
Sec. 1032. License Fees for Amusement
Parks.
Sec. 1033. License by Tax Collector.
Sec. 1034. Sections Not Applicable.
Sec. 1036. Definitions.
Sec. 1036.1. Requirements for Machines.
Sec. 1036.2. Unlawful Acts — Exceptions.
Sec. 1036.3. Application for Permit.
Sec. 1036.4. Notice of Hearing.
Sec. 1036.5. Investigations.
Sec. 1036.6.
Sec. 1036.7.
Sec. 1036.8.
Sec. 1036.9.
Sec. 1036.10.
Sec. 1036.11.
Sec. 1036.12.
Sec. 1036.13.
Sec. 1036.14.
Sec. 1036.15.
Sec. 1036.16.
Sec. 1036.17.
Sec. 1036.18.
Sec. 1036.19.
Sec. 1036.20.
Sec. 1036.21.
Sec. 1036.22.
Sec. 1036.23.
Sec. 1036.24.
Sec. 1036.25.
Sec. 1036.26.
Sec. 1036.28.
Disapproval of Application —
Conditions Corrected —
Approval.
Issuance or Denial of Permit.
Certain Mechanical Amusement
Devices Prohibited.
Permit Forwarded to Tax
Collector, License Fees.
License Fees.
Electrical Inspection Costs.
Contents of Licenses.
Posting License in Premises.
Removal or Transfer of License
to Other Premises Prohibited.
No Prorating or Refunding of
License Fee.
License Fee Paid by Owner or
Operator.
Renewal of License.
Procedure Where No Current
License.
Suspension, Revocation or
Reinstatement of a Permit,
Procedure For.
Rules and Regulations to be
Adopted.
Ascertainment of Compliance
With All Laws, Etc. — Inspection
Therefor.
When Deemed a Public
Nuisance — Procedure Thereon.
Machines Excepted from
Provision Hereof.
Penalties.
Permit and License Required
Notwithstanding Any Other
Provision of Code.
Partial Repeal.
Saving Clause — Nonwaiver of
Debts Due and Unpaid.
561
San Francisco - Police Code
562
Sec.
1036.29.
Billiard and Pool Tables
Excepted.
Sec.
1036.30.
Purpose and Findings.
Sec.
1036.31.
Mechanical Amusement
Devices; Location.
Sec.
1036.31-1. Arcade Location; Limitation.
Sec.
1036.32.
Arcades — Operating Standards.
Sec.
1036.33.
Accessory Uses : — Operating
Standards.
Sec.
1036.34.
Exception to Requirements.
Sec.
1036.35.
Exemption.
Sec.
1037.
Billiard and Pool Tables.
Sec.
1037.1.
Filing Fee Application.
Sec.
1037.2.
License Fee.
Sec.
1037.3.
Permit and License Not Exempt
From Any Other Provision of
Code.
Sec.
1039.
Regulating Shooting Galleries —
Permit Required.
Sec.
1039.1.
Filing Fee.
Sec.
1039.2.
Shooting Galleries.
Sec.
1040.
Firearms Regulated.
Sec.
1041.
Closing During Certain Hours.
Sec.
1042.
Betting Prohibited.
Sec.
1043.
Bullet-proofing.
Sec.
1044.
Inspection by Police.
Sec.
1045.
Mechanical Contrivances and
Other Amusements.
Sec.
1045.1.
Filing Fee.
Sec.
1045.2.
License.
Sec.
1045.3.
Application and Posting.
Sec.
1045.4.
Exceptions.
Sec.
1049.
Providing for Inspection and
Regulation of Mechanical
Amusement Contrivances Used
to Convey Human Beings.
Sec.
1050.
Recreational Equipment Vendor
Defined.
Sec.
1051.
Permit Required.
Sec.
1052.
Application for Permit.
Sec.
1053.
License Fees.
Sec.
1054.
Regulations.
Sec.
1055.
Penalty.
SEC. 1015. IMPOSING A LICENSE TAX
ON ITINERANT SHOWS.
Every person, firm or corporation maintain-
ing or conducting in connection with an itinerant
show or exhibition, any museum, skating rink,
merry-go-round, swing, revolving wheel, chute,
toboggan slide, ferris wheel, mechanical contriv-
ance for carrying passengers, or any side show,
exhibition or concession, shall, after conforming
to the regulatory provisions of Sections 1017 and
1018 of this Article, pay a license fee for each day
for each and every concession, show or device
herein enumerated and conducted or maintained
in connection with any itinerant show or exhibi-
tion. (Amended by Ord. 555-81, App. 11/12/81)
SEC. 1016. ITINERANT SHOW DEFINED.
The term itinerant show or exhibition shall
be construed to mean any outdoor carnival, show
or concession, exhibiting or operating tempo-
rarily under a tent, or in the open, except such as
come within the provisions of Sections 1031 to
1034, inclusive, of this Article and the license
provisions of the Municipal Code. (Added by Ord.
1.075, App. 10/11/38)
SEC. 1017. PERMIT BY
ENTERTAINMENT COMMISSION;
REGULATIONS FOR.
The applicant for any show, exhibition or
concession mentioned in Section 1015 of this
Article shall, before beginning operations, obtain
a permit from the Entertainment Commission to
so operate, which permit may be revoked at any
time by the Entertainment Commission. With-
out such a permit from the Entertainment Com-
mission, the Tax Collector shall not issue a
license to conduct any itinerant show, exhibition
or concession enumerated in Sections 1015 and
1018 of this Article. If the permit is revoked, the
license issued thereon shall immediately termi-
nate and expire.
The application for an itinerant show shall be
filed in sufficient time to allow the Entertain-
ment Commission to notice and fix the time and
place for a public hearing on the application. Not
less than 10 days before such hearing, the En-
tertainment Commission shall cause a notice of
563
Licenses for Amusements
Sec. 1019.3.
such hearing to be posted in one or more con-
spicuous place(s) on or about the property where
the itinerant show is to be operated, in a fashion
designed to inform the public of the application.
Failure to apply in sufficient time for a noticed
hearing to be held may be cause for the Enter-
tainment Commission to deny issuance of a
permit. (Amended by Ord. 581-81, App. 12/10/81;
Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 1017.1. FILING FEE.
Every person desiring a permit pursuant to
Section 1017 of this Article shall file an applica-
tion with the Entertainment Commission upon a
form provided by the Entertainment Commis-
sion and shall pay a filing fee. (Added by Ord.
555-81, App. 11/12/81; amended by Ord. 164-02,
File No. 020783, App. 7/26/2002)
SEC. 1017.2. EXEMPTION, NONPROFIT
ORGANIZATION.
Whenever a nonprofit organization contracts
for or rents an itinerant show or exhibition, the
filing fee for a permit shall be $100 and the
nonprofit organization shall be exempt from pay-
ing the license fee. (Added by Ord. 555-81, App.
11/12/81)
SEC. 1018. PERMIT AND LICENSE
REGULATIONS.
The provisions of Section 1049 of this Article
regulating the manner of testing passenger car-
rying devices shall be strictly observed before
any such itinerant show, exhibition or carnival
may open for business. A permit signed by the
Entertainment Commission certifying that all
legal requirements have been met must also be
first presented to the Tax Collector before said
official may issue a license to the owner or lessee
of any itinerant carnival, show or exhibition or to
any person holding a concession therein. (Added
by Ord. 1.075, App. 10/11/38; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)
SEC. 1019. CIRCUSES.
For the purpose of Sections 1019 to 1019.5,
inclusive, a circus is hereby defined to be an
exhibition or entertainment at which feats of
horsemanship, acrobatic feats, and trained or
wild animals are exhibited or displayed, or any
combination of same, for which exhibition or
entertainment an admission fee is charged and
which exhibition or entertainment is conducted
by a person having no regular established place
of business in the City and County of San Fran-
cisco for the exhibition or display thereof; pro-
vided, however, that the definition of a circus
shall not include a rodeo exhibition or show
which is licensed under the provisions of Section
1020 of this Article, nor shall it be to include
pictorial representations or theatrical perfor-
mances. (Added by Ord. 555-81, App. 11/12/81)
SEC. 1019.1. PERMIT REQUIRED.
(a) It shall be unlawful for any person, firm
or corporation to conduct a circus without first
having obtained a permit therefor from the En-
tertainment Commission.
(b) Said permit shall set forth the seating
capacity of the circus, the date or dates of the
year on which the exhibition or entertainment
are to be held, and the number of side shows in
connection with or belonging to such circus.
(c) Applications for circus permits shall be
filed with the Entertainment Commission on a
form provided for said permit together with a
nonrefundable fee. (Added by Ord. 555-81, App.
11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1019.2. LICENSE FEE.
Every owner, lessee or operator of a circus
shall pay a license fee for each and every day any
exhibition or performance is given therein. (Added
by Ord. 555-81, App. 11/12/81)
SEC. 1019.3. ISSUANCE OF LICENSE.
The Tax Collector shall not issue a license
under the provisions of Section 1019.2 unless the
owner, lessee or operator of said circus shall
obtain a permit to conduct the same from the
Entertainment Commission and present to the
Tax Collector such permit duly certified by the
Entertainment Commission. (Added by Ord. 555-
81, App. 11/12/81; amended by Ord. 164-02, File
No. 020783, App. 7/26/2002)
Sec. 1019.4.
San Francisco - Police Code
564
SEC. 1019.4. LICENSE FEE,
EXCEPTION.
Where the circus is given in or about the
Municipal Auditorium located at the Civic Cen-
ter, and said auditorium is rented or leased at
the regular rates usually charged therefor, the
sum of $50 each day shall be charged for the
license, with no additional license fee for any
side show. (Added by Ord. 555-81, App. 11/12/81)
SEC. 1019.5. EXEMPTIONS.
No additional license shall be required of
such owner, lessee or operator of a circus for any
team, wagon, truck, automobile, freight or pas-
senger car or equipment that is a part of such
circus and in actual use. (Added by Ord. 555-81,
App. 11/12/81)
SEC. 1020. RODEO EXHIBITIONS AND
SHOWS.
(a) It shall be unlawful for any owner, les-
see or operator of a rodeo exhibition or show to
conduct the same without first having obtained a
permit therefor from the Entertainment Com-
mission. Each permit shall be effective only for
those days indicated on the permit.
(b) Applications for rodeo permits shall be
filed with the Entertainment Commission on a
form provided for said permit together with a
nonrefundable fee.
(c) Every owner, lessee or operator of a
rodeo exhibition or show shall pay a license fee
for the first day and an additional fee for each
subsequent day any rodeo exhibition or perfor-
mance is given. The Tax Collector shall not issue
a license under the provisions of this Section
unless the owner, lessee or operator of said rodeo
exhibition or show shall obtain a permit to con-
duct the same from the Entertainment Commis-
sion and present such permit duly.
(d) A qualified, licensed veterinarian who is
an expert in the care of horses, bovines, sheep,
and other large animals, and approved by the
Commission on Animal Control and Welfare,
shall be on-site at all times during a rodeo
exhibition or show to examine the animals' con-
dition and to ensure that the animals are hu-
manely treated during the event at the permit
holder's expense. The veterinarian may have any
animal examined at any time without notice.
Any animal which suffers from a fatal injury as
determined by the veterinarian shall be immedi-
ately euthanized. The Chief of Police or the
Chiefs designee may suspend the use of any
animal after receiving a complaint from the
veterinarian regarding the condition or treat-
ment of any animal. A statement of findings
must be provided from the veterinarian and
approved by the Chief of Police or the Chiefs
designee prior to the animal returning to service.
All costs associated with medical tests, evalua-
tions and treatments are the responsibility of the
permit holder.
(e) All animals are to be used in humane
rodeo events only. Events such as greased pig
contests, or which utilize cattle prods, unfleeced
flank straps for cattle or flank straps without
sheepskin lining for horses are prohibited. The
Rules of the Professional Rodeo Cowboys Asso-
ciation shall apply to all rodeo events.
(f) Notification shall be provided to the Com-
mission on Animal Control and Welfare and the
Department of Animal Care and Control by the
permit applicant when any rodeo permit appli-
cation is filed with the Entertainment Commis-
sion, and when any permit is approved by the
Entertainment Commission.
(g) Any person who violates any provisions
of this section shall be deemed guilty a misde-
meanor and upon conviction such person shall be
punished by a fine not to exceed $1,000 or by
imprisonment in the County Jail for a period not
to exceed six months, or by both such fine and
imprisonment. (Added by Ord. 555-81, App. 11/
12/81; amended by Ord. 37-00, File No. 991878,
App. 3/10/2000; Ord. 164-02, File No. 020783,
App. 7/26/2002)
SEC. 1021. BALL OR RING THROWING
GAMES.
(a) It shall be unlawful for a keeper of a ball
or ring throwing game to operate said ball or ring
throwing game without first having obtained a
permit therefor from the Entertainment Com-
mission.
565
Licenses for Amusements
Sec. 1023.
(b) Applications for ball or ring throwing
permits shall be filed with the Entertainment
Commission on a form provided for said permit
together with a nonrefundable fee.
(c) Every keeper of a ball or ring throwing
game shall pay a license fee. All licenses issued
under the provisions of this Section shall be
issued for a period of one year to date from the
expiration of the last license or from the date
that the applicant shall have commenced busi-
ness. Provided, however, that no such keeper
shall be issued a license under this Section
without first obtaining a permit from the Enter-
tainment Commission. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1022. DEFINITIONS.
Unless the context specifically indicates oth-
erwise, the following terms, as used in this
Chapter, shall mean or include:
(a) "Dance." Any gathering of persons in or
upon any premises, other than a private home or
residence or a class in which instruction in
dancing is given for hire, where dancing is par-
ticipated in. Dances, as defined herein, shall be
classified in types as follows: "General" shall
include any dance to which persons 18 years of
age or older are admitted. "Special" shall include
any dance to which no persons 15 years of age or
younger or 21 years of age or older are admitted
as participants.
(b) "Dance Hall." Any building or place in
which a dance is held.
(c) "Person." Includes any person, co-part-
nership, firm, corporation, association, club, or
any legal entity.
(d) "Security Plan." A plan that (i) pro-
vides at least 1 security guard for 100 persons in
attendance at the dance, (ii) secures a 50 foot
perimeter in all directions around the location of
the dance hall to prevent injury to persons and/or
damage to property, and (iii) provides for the
orderly disbursement of persons and traffic from
the dance hall. The Entertainment Commission,
in consultation with the San Francisco Police
Department, shall develop rules and regulations
implementing this section. (Added by Ord. 139-
67, App. 6/5/67; amended by Ord. 262-04, File
No. 041148, App. 11/4/2004)
SEC. 1023. PERMIT REQUIRED.
(a) It shall be unlawful for any person to
own, conduct, operate, or maintain, or to cause or
to permit to be conducted, operated, or main-
tained any dance hall, or
(b) to conduct, promote, or sponsor or to
cause or to permit to be conducted, promoted, or
sponsored any dance within the City and County
of San Francisco without first having obtained a
dance permit from the Entertainment Commis-
sion.
(c) Any place or premises where a dance is
to be held must conform to all existing health,
safety, and fire ordinances of the City and County
of San Francisco. Proof of such shall be provided
by permit applicant at the time of application for
a dance permit.
(d) Any place or premises where a dance is
to be held must have a Security Plan, except
dances of a bona fide social character, to which
admission is limited strictly on invitation of the
person acting as host, and for which no fee,
either by way of admission or in any other
manner, is charged. Proof of such plan shall be
provided by permit applicant at the time of
application for a dance permit.
(e) It shall be the responsibility of any owner
or manager of any building or place that rents
such a facility for use by others to inform any
person planning to use the facility for a dance of
the requirement to obtain a dance permit pursu-
ant to this section.
(f) This permit requirement does not apply
if the location at which the dance is being held
has a place of entertainment permit, the permit
is valid, and the place of entertainment provides
free drinking water as required by Section 1070.27.
(Amended by Ord. 139-67, App. 6/5/67; Ord.
200-01, File No. 010845, App. 9/28/2001; Ord.
164-02, File No. 020783, App. 7/26/2002; Ord.
262-04, File No. 041148, App. 11/4/2004)
Sec. 1024.
San Francisco - Police Code
566
SEC. 1024. APPLICATION FOR PERMIT.
Applications for said permit shall be made in
writing to the Entertainment Commission and
shall be made in such form and shall contain
such information as the Entertainment Commis-
sion shall require. Every applicant for a permit
may be required to furnish such evidence of
criminal history and permit history as the En-
tertainment Commission shall require. In grant-
ing or denying a permit, the Entertainment
Commission shall give particular consideration
to the peace, order, and moral welfare of the
public; provided, however, that only one type of
dance, as enumerated in Section 1022(a) of this
Chapter, shall be permitted in any dance hall on
the same day, up to and including 2:00 a.m. of the
following day. Upon application for a dance hall
permit the Entertainment Commission shall set
a time, date, and place for a public hearing
thereon and shall cause a notice thereof to be
conspicuously posted upon the premises con-
cerned not less than 10 days before the date set
for public hearing. The notice shall set forth the
name of the applicant, the purpose for which the
application is made, and the time, date, and
place of the public hearing on the application.
The Entertainment Commission may con-
sider, but is not limited to the following factors in
the issuing or granting of a permit:
(1) The criminal history and permit history
of the applicant;
(2) Suitability of the premises in relation to
the surrounding neighborhood;
(3) Number of permits in the immediate
vicinity;
(4) Physical suitability of the premises with
reference to floor space and lighting;
(5) Proximity to bar facilities, if any;
(6) Type of dance to be conducted. (Amended
by Ord. 139-67, App. 6/5/67; Ord. 164-02, File No.
020783, App. 7/26/2002; Ord. 217-02, File No.
021461, App. 11/1/2002)
SEC. 1024.1. FILING FEE.
Every person desiring a permit pursuant to
Sections 1023 and 1024 of this Article shall file
an application with the Entertainment Commis-
sion upon a form provided by the Entertainment
Commission and shall pay a filing fee. (Added by
Ord. 555-81, App. 11/12/81; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)
SEC. 1025. LICENSE FEES.
Every person granted a dance hall permit by
the Entertainment Commission shall pay to the
Tax Collector an annual license fee, payable in
advance.
The license fee prescribed in this section is
due and payable on a calendar year basis, start-
ing January 1, 1967. Fees for new licenses issued
prior to January 1, 1967, or after the first day of
January of that year, or in any subsequent
calendar year, shall be prorated with regard to
the calendar year on a monthly basis.
The provisions of this Section shall not apply
to any dance hall used exclusively for any of the
following dances:
(a) Dances of a bona fide social character, to
which admission is limited strictly on invitation
of the person acting as host, and for which no fee,
either by way of admission or in any other
manner, is charged.
(b) Dances given by any public agency or by
any educational, recreational, or social agency, or
by any bona fide fraternal, charitable, or reli-
gious or benevolent or any other nonprofit orga-
nization having a regular membership associa-
tion primarily for mutual social, mental, political,
and civic welfare, to which admission is limited
to members and guests, and revenue accruing
therefrom to be used exclusively for the benevo-
lent purposes of said organization.
(c) Dances conducted by any dancing acad-
emy or dancing class in which instruction in
dancing is given for hire. (Amended by Ord.
555-81, App. 11/12/81; Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1026. REGULATIONS.
(a) Hours. "Special" dances shall be con-
ducted only between the hours of 6:00 a.m. and
12:00 midnight; "General" dances shall be con-
ducted only between the hours of 6:00 a.m. and
2:00 a.m. of the following day; provided, however,
567
Licenses for Amusements
Sec. 1027.
the Entertainment Commission may, in the En-
tertainment Commission's discretion allow, by
order permitting the same, the conduct of "Gen-
eral" and "Special" dances at hours other than
the hours stated in this subsection.
(b) Supervision. The Entertainment Com-
mission may require that one or more private
security officers or, with the permission of the
Chief of Police, police officers, be employed by
any person to whom a dance permit is granted, to
supervise said dances.
(c) Minors prohibited; Exceptions. No
person under 18 years of age shall enter or be, or
shall be permitted to enter or be, in any dance
hall at any time a "General" dance is being
conducted therein, unless such person is accom-
panied by parent, guardian, or other person
having the care and custody thereof.
No person 16 or 17 years of age shall enter or
be, or shall be permitted to enter or be, in any
dance hall after 12:00 midnight where a "Spe-
cial" dance is conducted unless said person is
accompanied by parent, guardian, or other per-
son having the care and custody thereof; pro-
vided however, that the dance hours are permit-
ted by the Entertainment Commission as
enumerated in Subsection (a) of this Section.
No person under 16 years of age shall enter
or be, or be permitted to enter or be, in any dance
hall wherein a "Special" dance is being held
unless said person is accompanied by parent,
guardian, or other person having the care and
custody thereof; provided however, the Entertain-
ment Commission may, in the Entertainment
Commission's discretion allow, by order permit-
ting the same, said persons to attend a dance
conducted, promoted or sponsored by a public
agency or by an educational, recreational or
social organization or agency which is incorpo-
rated in the State of California and which is
exempt from taxation under the Internal Rev-
enue laws of the United States as a bona fide
fraternal, charitable, religious, benevolent or non-
profit organization having a regular membership
associated primarily for mutual social, mental,
political or civic welfare, and where admission to
such dance is limited to members and guests and
the revenue accruing from such dance is to be
used exclusively for the benevolent purposes of
said organization or agency.
(d) Adults Prohibited. No person 21 years
of age or older shall attend or be permitted to
attend a "Special" dance as a participant therein.
(e) Pass-Out Checks Prohibited; Excep-
tions. No person admitted to a dance shall be
permitted to leave and thereafter reenter the
dance premises during the course of said dance,
and no pass-out checks shall be issued unless
required by the physical arrangements of the
premises.
(f) Free Drinking Water. If the location
for which the dance hall permit is issued holds
over 500 persons the permit holder shall provide
free cool drinking water to patrons by means of
an automatic drinking fountain or by providing
without charge cups of water at all beverage
service locations, or both. (Amended by Ord.
260-81, App. 5/21/81; Ord. 176-00, File No. 000477,
App. 7/28/2000; Ord. 164-02, File No. 020783,
App. 7/26/2002)
SEC. 1027. PENALTY.
Any person who violates any of the provisions
of Sections 1023 to and including 1026 of this
Chapter shall be guilty of an infraction. Any
person who violates Sections 1023 through 1026
more than once in a 12 month period shall be
guilty of an infraction or a misdemeanor, at the
discretion of the prosecutor. A violation which is
an infraction is punishable by a fine of not more
than $100. A violation which is a misdemeanor is
punishable by a fine of not less than $500 and
not more than $1000 or by imprisonment in the
jail of the City and County for a term of not more
than six months, or by both such fine and im-
prisonment.
Additionally, any violation of the provisions
of Sections 1023 to and including 1026 of this
Chapter or Section 3305 of Article 33 by a per-
mittee hereunder, or by a person in charge of the
event, shall be deemed cause to revoke the dance
permit, or to revoke or suspend a permit granted
pursuant to Police Code Article 15.1 subject to a
Sec. 1027.
San Francisco - Police Code
568
hearing by the Entertainment Commission.
(Amended Ord. 139-67, App. 6/5/67; Ord. 17-92,
App. 1/21/92; Ord. 164-02, File No. 020783, App.
7/26/2002; Ord. 262-04, File No. 041148, App.
11/4/2004)
SEC. 1029. MASKED BALLS.
(a) It shall be unlawful for any person, firm
or corporation to give, hold or conduct any exhi-
bition or entertainment known as a bal masque
or masked ball, or by any other name where the
persons attending thereat appear in fancy dress,
or represent any character or personage with
masks or dominoes, whether or not an admission
fee is charged, without first having obtained a
permit therefor from the Entertainment Com-
mission; provided, however, that no permit is
hereby required for private theatricals or private
dancing parties, given or conducted by any per-
son in his own dwelling house, nor for theatrical
performances.
(b) Applications for masked ball permits
shall be filed with the Entertainment Commis-
sion on a form provided for said permit together
with a nonrefundable fee. All such applications
must contain the name or names of the person or
persons, company, association or corporation which
proposes to give such exhibition or entertain-
ment, the place at which the same shall be held
or given, and the date upon which the same is
proposed to be held.
(c) Every person, firm or corporation giving,
holding or conducting any masked ball, for which
a permit is required by this section, shall pay a
license fee for each such entertainment or exhi-
bition. The Tax Collector shall issue the license
provided for in this section only upon the filing in
his office of a written permit therefor from the
Entertainment Commission. (Added by Ord. 555-
81, App. 11/12/81; amended by Ord. 164-02, File
No. 020783, App. 7/26/2002)
SEC. 1031. AMUSEMENT PARK
DEFINED.
An amusement park, within the meaning of
Sections 1031 to 1034, inclusive, of this Article, is
hereby defined to be a place maintained and
conducted for the purpose of amusing the public
by operating and conducting therein and thereon
"Merry-go-rounds," "Figure 8," "Coasters," "Old
Mills," and other and similar forms of amuse-
ment and entertainment, and maintaining and
conducting certain devices and contrivances which
provide and afford games which are distinctly
games of skill and of the general nature of the
games of skill in vogue at the beaches and
amusement parks throughout the country; and
eating places and restaurants. (Added by Ord.
1.075, App. 10/11/38)
SEC. 1031.1. PERMIT.
It shall be unlawful to engage in the business
of conducting an amusement park without first
having obtained a permit therefor from the En-
tertainment Commission. Applications for amuse-
ment park permits shall be filed with the Enter-
tainment Commission on a form provided for
said permit together with a nonrefundable fee.
(Added by Ord. 555-81, App. 11/12/81; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 1032. LICENSE FEES FOR
AMUSEMENT PARKS.
Every person, firm or corporation engaged in
the business of conducting an amusement park
shall pay to the Tax Collector of the City and
County of San Francisco, an annual license tax.
(Amended by Ord. 555-81, App. 11/12/81)
SEC. 1033. LICENSE BY TAX
COLLECTOR.
The Tax Collector shall not issue a license for
an amusement park unless the applicant shall
present to him a permit for such park from the
Entertainment Commission. The permit shall
contain the name of the applicant, and the loca-
tion of the amusement park. (Added by Ord.
1.075, App. 10/11/38; amended by Ord. 164-02,
File No. 020783, App. 7/26/2002)
SEC. 1034. SECTIONS NOT
APPLICABLE.
The issuance of a permit and license under
the provisions of Sections 1031 to 1034, inclu-
sive, shall exempt the permit holder from permit
and license requirements of Sections 1015, 1017,
569
Licenses for Amusements
Sec. 1036.2.
1021, 1039, 1039.2, 1045, and 1045.2 of this
Article, in so far as they apply to amusement
parks, as herein defined, or the games or devices
therein operated and conducted, but shall not
exempt the permittee or licensee from any other
provisions of this Article of the San Francisco
Municipal Code or any ordinances of the City
and County of San Francisco requiring a permit
or license or otherwise regulating the use or
maintenance of such amusement parks or the
games and devices therein operated and con-
ducted. (Amended by Ord. 555-81, App. 11/12/81)
SEC. 1036. DEFINITIONS.
As used in this Article, the following words
shall have the following respective meanings:
"Accessory use" shall mean the operation of
one to 10 mechanical amusement devices on
premises wherein another business operates.
"Arcade" shall mean any premises where 11
or more mechanical amusement devices are op-
erated.
"Mechanical amusement device" shall mean
any machine or device which, upon the insertion
of a coin, slug or token in any slot or receptacle
attached to said machine or connected there-
with, operates or which may be operated for use
as a game, contest or amusement or which may
be used for any such game, contest or amuse-
ment and which does not contain a pay-off device
for the return of slugs, money, coins, checks,
tokens or merchandise.
"Owner or operator of a mechanical amuse-
ment device" shall mean:
(a) Any owner of such mechanical amuse-
ment device who operates or permits the same to
be played or operated in his place of business or
in any place under his control or who installs or
maintains the same in any place where the same
can be played or operated by persons in or about
said place;
(b) The persons in whose place of business
any such mechanical amusement device is placed
for the use, amusement, patronage or recreation
of the public or of persons in or about said place.
"Person" shall mean any corporation, associa-
tion, syndicate, joint stock company, partner-
ship, club, Massachusetts business or common
law trust, society or individual.
"Public retail floor space" shall mean that
portion of the premises to which the public is
allowed access.
"Street" shall mean any street, alley, way,
boulevard, or road, either public or private, that
is used or to be used for ingress or egress.
"Video game machine" shall mean any me-
chanical amusement device, as defined in this
Section, which is characterized by the use of
cathode ray tube display. (Amended by Ord.
401-82, App. 8/13/82)
SEC. 1036.1. REQUIREMENTS FOR
MACHINES.
Every mechanical amusement device shall
have a seal or tag permanently attached thereto
showing the serial number of the mechanical
amusement device, a label or decal stating the
name, address and telephone number of the
owner of the mechanical amusement device, and,
in addition thereto, if wired for electricity, a label
indicating the name and address of the manu-
facturer and the voltage and current necessary
for the proper operation of said mechanical amuse-
ment device.
Each portable mechanical amusement device
wired for electricity shall be equipped with not
more than six feet of electric cord of a type
approved by the Department of Electricity, and
shall be connected to a convenience plug recep-
tacle adjacent to said mechanical amusement
device.
Where it is necessary to install electric wir-
ing to said mechanical amusement device loca-
tion, said wiring shall be installed by a regis-
tered electrical contractor in accordance with the
provisions of Article 1, Chapter III, Part II, of the
San Francisco Municipal Code. (Amended by
Ord. 123-86, App. 4/11/86)
SEC. 1036.2. UNLAWFUL ACTS-
EXCEPTIONS.
(a) Nothing in Sections 1036 to 1036.34,
inclusive, shall be construed to authorize or
permit either the use or operation of any gam-
Sec. 1036.2.
San Francisco - Police Code
570
bling device whatsoever or of any mechanism
that has been judicially determined to be a
gambling device in any way contrary to law, or to
authorize or permit any other conduct otherwise
unlawful. Nothing in this Section shall preclude
an award of a free game or games upon a
mechanical amusement device.
(b) It shall be unlawful for any person to
install, operate or maintain to be operated any
mechanical amusement device in the City and
County of San Francisco without first having
obtained a permit in writing to do so from the
Entertainment Commission.
(c) The provisions of Sections 1036 to 1036.34,
inclusive, shall not be construed to apply to
mechanical amusement devices installed, oper-
ated or maintained in private residences or busi-
nesses intended for free use solely by the resi-
dents or employees at those locations. (Amended
by Ord. 401-82, App. 8/13/82; Ord. 164-02, File
No. 020783, App. 7/26/2002)
SEC. 1036.3. APPLICATION FOR
PERMIT.
Application for said permit shall be made to
the Entertainment Commission on forms pro-
vided by the Entertainment Commission, shall
be signed by the applicant and be accompanied
by payment of the filing fee and shall contain the
following information in addition to whatever
additional information is deemed necessary by
the Entertainment Commission:
(a) Name of the applicant.
(b) The name and address of any person,
other than the applicant, who holds any right,
title or interest in or to each mechanical amuse-
ment device for which a permit is sought, and in
those instances where such person is other than
an individual, there shall be filed with the En-
tertainment Commission and kept available for
public inspection, a statement showing, in the
case of a partnership, the names and addresses
of the partners; in the case of a corporation, the
names and addresses of the stockholders and
directors and in the case of a business trust, the
names of the trustor, trustee, and beneficiary or
beneficiaries.
(c) Place where said mechanical amuse-
ment device is to be placed, maintained to be
operated or operated; and, if said mechanical
amusement device or devices are to be placed,
maintained to be operated or operated in connec-
tion with any other business or calling, the
character of said business or calling.
(d) A complete description of the type of the
mechanical amusement device and the manner
in which it is to be placed, maintained to be
operated or operated.
(e) The total number of mechanical amuse-
ment devices to be placed, maintained to be
operated or operated at the location for which
the permit is requested. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1036.4. NOTICE OF HEARING.
When an application is filed for a new permit
or for an increase in the number of mechanical
amusement devices pursuant to Section 1036.3
of this Article, the Entertainment Commission
shall fix a time and place for a public hearing
thereon. Not less than 10 days before the date of
such hearing, the Entertainment Commission
shall cause to be posted a notice of such hearing
in a conspicuous place on the property in which
or on which the mechanical amusement devices
are to be operated. Such notice shall set forth the
specific type of mechanical amusement devices
and the number thereof which the applicant
intends to operate. The posting shall be the
exclusive responsibility of the Entertainment
Commission, and the applicant shall maintain
said notice as posted until after the date of the
hearing. (Amended by Ord. 401-82, App. 8/13/82;
Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 1036.5. INVESTIGATIONS.
Upon receipt of said application, the Enter-
tainment Commission shall cause to be investi-
gated the statements as set forth in the applica-
tion.
Any permit to maintain for operation me-
chanical amusement devices which are wired for
electricity must have been approved by the De-
571
Licenses for Amusements
Sec. 1036.8.
partment of Public Works prior to its final issu-
ance by the Entertainment Commission. The
Director of Public Works shall determine whether
the ordinances of the City and County of San
Francisco and the rules and regulations of said
department pertaining to such mechanical amuse-
ment devices are complied with.
The Entertainment Commission may grant a
permit for the operation of a mechanical amuse-
ment device conditional upon approval of the
Director of the Department of Public Works.
Any permit for operation of a mechanical
amusement device granted by the Entertain-
ment Commission conditionally upon the ap-
proval of the Director of the Department of
Public Works may be appealed to the Board of
Permit Appeals. Such appeal must be filed within
10 days of the final decision of the Entertain-
ment Commission issuing the conditional per-
mit.
Any permit granted by the Entertainment
Commission conditionally upon approval of the
Director of the Department of Public Works shall
expire within six months from the date of the
final decision of the Entertainment Commission
if the Director's approval is not granted. The
Entertainment Commission shall cause to be
forwarded to the Director of Public Works for
investigation those applications for permits to
maintain for operation mechanical amusement
devices which are wired for electricity. (Amended
by Ord. 401-82, App. 8/13/82; Ord. 164-02, File
No. 020783, App. 7/26/2002)
SEC. 1036.6. DISAPPROVAL OF
APPLICATION— CONDITIONS
CORRECTED— APPROVAL.
In the event that the application for a me-
chanical amusement device permit is disap-
proved by the Director of Public Works, the
Entertainment Commission shall notify the ap-
plicant for said permit of such fact. Upon receiv-
ing said notice from the Entertainment Commis-
sion, the applicant shall have the opportunity of
correcting such conditions as have been disap-
proved. This correction shall be made within 10
days after receipt of said notice; and, if such
conditions have been corrected to the satisfac-
tion of the Director of Public Works, the permit
may be issued. (Added by Ord. 555-81, App.
11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1036.7. ISSUANCE OR DENIAL OF
PERMIT.
If the Entertainment Commission approves
the granting of said permit he may issue a
permit to said applicant, which permit shall be
serially numbered and the renewal or continu-
ance thereof shall be governed by the provisions
of Section 23, Article 1, Part III, of the San
Francisco Municipal Code; provided, if said me-
chanical amusement device is wired for electric-
ity, said application for such permit shall first be
approved by the Director of Public Works. The
Entertainment Commission may, in the exercise
of sound discretion, deny said permit.
The Entertainment Commission shall cause
to be forwarded to the Director of Public Works
written notice of his granting or denial of said
permit if said mechanical amusement device is
wired for electricity. (Added by Ord. 555-81, App.
11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1036.8. CERTAIN MECHANICAL
AMUSEMENT DEVICES PROHIBITED.
No permit shall be issued to any applicant
relating to any mechanical amusement device,
which for each coin, slug or token inserted makes
available to the player, for actual play, only one
ball or marble, nor shall any permit be issued to
any applicant relating to any mechanical amuse-
ment device which permits or is adapted to the
insertion of more than one coin, slug or token, for
the playing of a single complete game; or which
permits or is adapted to the insertion of addi-
tional coins, slugs or tokens during the playing of
or before the completion of the game for which
the original coin, slug or token was inserted in
said mechanical amusement device. Nothing in
this Section is intended to prohibit the insertion
of more than one coin for the sole purpose of
reaching the amount or price required to play the
game, and the insertion of which does not change
Sec. 1036.8.
San Francisco - Police Code
572
the odds, grant bonuses, or otherwise affect the
method of play or the outcome of the game.
(Amended by Ord. 125-85, App. 3/14/85)
SEC. 1036.9. PERMIT FORWARDED TO
TAX COLLECTOR, LICENSE FEES.
When any permit is issued under the provi-
sions of this Article, the Entertainment Commis-
sion shall cause such permit to be forwarded to
the office of the Tax Collector for delivery to the
permittee upon the payment of the license fees.
(Added by Ord. 555-81, App. 11/12/81; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 1036.10. LICENSE FEES.
Every holder of a mechanical amusement
device permit shall pay at the office of the Tax
Collector for each separate mechanical amuse-
ment device which the permit authorizes, an
annual license fee, payable in advance. (Added
by Ord. 555-81, App. 11/12/81)
SEC. 1036.11. ELECTRICAL
INSPECTION COSTS.
In calculating the fees earned by the Electri-
cal Inspection division of the Department of
Public Works pursuant to the provisions of Sec-
tion 24 of the Charter of the City and County of
San Francisco a percentage of the license fees
derived pursuant to Section 1036.10 of this Ar-
ticle shall be credited to said division pursuant to
the annual determination by the Controller as
provided by Section 2.21 of this Code. (Added by
Ord. 555-81, App. 11/12/81)
SEC. 1036.12. CONTENTS OF LICENSES.
The Tax Collector shall issue a license for
such mechanical amusement device for which
the fee was paid, showing thereon the:
(a) Name of the permittee;
(b) Address at which the mechanical amuse-
ment device is to be operated or maintained to be
operated;
(c) The number of such mechanical amuse-
ment devices and the type or kind of game,
contest or amusement played thereon;
(d) Serial number of the permit and the
expiration date of the license. (Added by Ord.
555-81, App. 11/12/81)
SEC. 1036.13. POSTING LICENSE IN
PREMISES.
The license shall be permanently and con-
spicuously posted at the location of the machines
in the premises wherein said mechanical amuse-
ment devices are to be operated or maintained to
be operated, and shall not be removed from said
location during the period for which said license
was issued. (Added by Ord. 555-81, App. 11/12/
81)
SEC. 1036.14. REMOVAL OR TRANSFER
OF LICENSE TO OTHER PREMISES
PROHIBITED.
Nothing in Sections 1036 to 1036.34, inclu-
sive, shall permit the removing or transferring of
the license to any other premises other than
those for which the license was originally issued.
(Amended by Ord. 401-82, App. 8/13/82)
SEC. 1036.15. NO PRORATING OR
REFUNDING OF LICENSE FEE.
License fees paid under the provisions of
Sections 1036.9 shall not be prorated or re-
funded. (Added by Ord. 555-81, App. 11/12/81)
SEC. 1036.16. LICENSE FEE PAID BY
OWNER OR OPERATOR.
When any one of the persons mentioned in
subdivisions (a) and (b) of Section 1036 of this
Article, which subdivisions define the term "Owner
and Operator of a Mechanical Amusement De-
vice," obtains a permit and pays a license fee for
the maintenance or operation of said mechanical
amusement device, the said permit and license
fee shall cover each of the persons mentioned in
said subdivisions (a) and (b) of said Section 1036
of this Article. (Added by Ord. 555-81, App.
11/12/81)
SEC. 1036.17. RENEWAL OF LICENSE.
Licenses for mechanical amusement devices
shall be renewed as set forth in Sections 2.8 and
2.10 of this Code. (Amended by Ord. 401-82, App.
8/13/82)
573
Licenses for Amusements
Sec. 1036.21.
SEC. 1036.18. PROCEDURE WHERE NO
CURRENT LICENSE.
If any mechanical amusement device is placed,
operated or maintained to be operated without a
current license, the Chief of Police shall imme-
diately cause same to be impounded and shall
not release said mechanical amusement device
until a penalty equal to the filing fee for mechani-
cal amusement devices currently in effect plus
$25 for each mechanical amusement device im-
pounded has been paid to the Police Department.
Mechanical amusement devices impounded
under the provisions of this Section shall be held
for a period of 90 days and if not redeemed
within such period shall be destroyed or other-
wise disposed by the Chief of Police. Mechanical
amusement devices impounded under the provi-
sions of this Section and subsequently released
as set forth in this Section shall not be placed,
operated or maintained to be operated without
obtaining a mechanical amusement device per-
mit and paying the current license fee. (Amended
by Ord. 401-82, App. 8/13/82)
SEC. 1036.19. SUSPENSION,
REVOCATION OR REINSTATEMENT OF
A PERMIT, PROCEDURE FOR.
When the Entertainment Commission shall
determine that the permittee or any of the
permittee's servants, agents or employees, in the
use, operation or maintenance of any such me-
chanical amusement device or in the use, opera-
tion or maintenance of the premises is violating
or attempting to violate any law of the State of
California or any ordinance of the City and
County of San Francisco or the rules and regu-
lations of any department thereof concerned or
that the permittee has failed to take adequate
security measures to prevent patrons, on or
about the premises, from violating any of the
above laws; or, if in the opinion of the Entertain-
ment Commission, it is deemed necessary for the
protection of the health, safety and welfare of the
public, the Entertainment Commission, after writ-
ten notice to the permittee, shall have the power
to suspend and, after due and proper hearing,
shall have the power to revoke, any permit
issued under the provisions of Sections 1036 to
1036.34, inclusive.
The Entertainment Commission shall cause
to be forwarded to the Tax Collector, and, if said
mechanical amusement device is wired for elec-
tricity, to the Director of Public Works, written
notice of any revocation, suspension or reinstate-
ment of any permit herein provided for. (Amended
by Ord. 401-82, App. 8/13/82; Ord. 164-02, File
No. 020783, App. 7/26/2002)
SEC. 1036.20. RULES AND
REGULATIONS TO BE ADOPTED.
The Chief of Police, Entertainment Commis-
sion and the Director of Public Works, after
public hearing thereon, are authorized to adopt,
promulgate and enforce such rules and regula-
tions regarding mechanical amusement devices
as will enable the Police Department, Entertain-
ment Commission and the Department of Public
Works to enforce and carry out the meaning and
intent of Sections 1036 to 1036.34, inclusive, of
this Article. (Amended by Ord. 401-82, App.
8/13/82; Ord. 164-02, File No. 020783, App. 7/26/
2002)
SEC. 1036.21. ASCERTAINMENT OF
COMPLIANCE WITH ALL LAWS, ETC.—
INSPECTION THEREFOR.
It shall be the duty of the Chief of Police to
ascertain that all laws of the State of California,
the provisions of Sections 1036 to 1036.34, inclu-
sive, all ordinances of the City and County of San
Francisco, and the rules and regulations of any
departments thereof concerned, pertaining to
mechanical amusement devices are strictly com-
plied with, and for that purpose the representa-
tives of the Police Department, and, if said
mechanical amusement device is wired for elec-
tricity, the representatives of the Department of
Public Works, shall have access to any mechani-
cal amusement device at any and all times, and
the same shall be inspected by each of said
departments as often as may be deemed neces-
sary. (Amended by Ord. 401-82, App. 8/13/82)
Sec. 1036.22.
San Francisco - Police Code
574
SEC. 1036.22. WHEN DEEMED A PUBLIC
NUISANCE— PROCEDURE THEREON.
Any mechanical amusement device operated
or maintained to be operated in violation of any
law of the State of California or of Sections 1036
to 1036.34, inclusive, of this Article or any ordi-
nances of the City and County of San Francisco
or the rules and regulations of any state or
municipal departments thereof concerned shall
be deemed to be a public nuisance, and any such
mechanical amusement device so operated or
maintained to be operated shall be impounded
by the Chief of Police; and, if any court of
competent jurisdiction shall determine that said
mechanical amusement device, or the use or
operation thereof, violates or has violated any of
said laws, ordinances, rules or regulations, said
mechanical amusement device shall be confis-
cated by said Chief of Police; but, if said mechani-
cal amusement device is one which may be
legally operated under the provisions of Sections
1036 to 1036.34, inclusive, of this Article and is
seized for the failure of the owner or operator
thereof to obtain the necessary permit or to pay
the necessary license fee for the maintenance or
operation of said mechanical amusement device,
said mechanical amusement device shall be dealt
with as provided in Section 1036.18 of this Ar-
ticle. (Amended by Ord. 401-82, App. 8/13/82)
SEC. 1036.23. MACHINES EXCEPTED
FROM PROVISION HEREOF.
The provisions of Sections 1036 to 1036.34,
inclusive, shall not apply to any machine or
mechanical amusement device which, in return
for the coin deposited in said mechanical amuse-
ment device, will deliver the equivalent value of
said coin in merchandise; provided, that no prize,
reward, bonus or other thing of value is delivered
with said merchandise. (Amended by Ord. 401-
82, App. 8/13/82)
SEC. 1036.24. PENALTIES.
Any person violating any of the provisions of
Sections 1036 to 1036.34, inclusive, shall be
guilty of a misdemeanor and, in addition to such
other penalties as are provided by law, shall have
his permit or permits revoked by the Entertain-
ment Commission and shall be precluded from
procuring any further permits for a mechanical
amusement device. When, in the opinion of the
Entertainment Commission, any mechanical
amusement device is being used or operated in
violation of any section of any article relating to
the operation of mechanical amusement devices,
the Entertainment Commission shall in its dis-
cretion have the power to revoke the permit for
such mechanical amusement device. Any person
who knowingly and willingly furnishes a me-
chanical amusement device to any permittee,
which device violates any of the provisions of
Sections 1036 to 1036.34, inclusive, of this Ar-
ticle shall henceforth in the discretion of the
Entertainment Commission be precluded from
furnishing any mechanical amusement device or
devices to any permittee in the City and County
of San Francisco. (Amended by Ord. 401-82, App.
8/13/82; Ord. 164-02, File No. 020783, App. 7/26/
2002)
SEC. 1036.25. PERMIT AND LICENSE
REQUIRED NOTWITHSTANDING ANY
OTHER PROVISION OF CODE.
The issuance of a permit or license under the
provisions of Sections 1036 to 1036.34, inclusive,
shall not exempt the permittee or licensee, not-
withstanding any section of the San Francisco
Municipal Code or any section of any ordinance
of the City and County of San Francisco making
any section or sections thereof inapplicable, from
the provisions of the San Francisco Municipal
Code or any ordinance or ordinances of the City
and County of San Francisco requiring a permit
or license. (Amended by Ord. 401-82, App. 8/13/
82)
SEC. 1036.26. PARTIAL REPEAL.
Any and all ordinances, or parts thereof, in
conflict with the provisions of Sections 1036 to
1036.34, inclusive, are hereby repealed but only
to such extent as conflict may exist. (Amended by
Ord. 401-82, App. 8/13/82)
SEC. 1036.28. SAVING CLAUSE-
NONWAIVER OF DEBTS DUE AND
UNPAID.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of Sections
575
Licenses for Amusements
Sec. 1036.31.
1036 to 1036.34, inclusive, is for any reason held
to be unconstitutional, such decisions shall not
affect the validity of the remaining portions of
Sections 1036 to 1036.34, inclusive. The Board of
Supervisors hereby declares that it would have
passed Sections 1036 to 1036.34, inclusive, and
each section, subsection, subdivision, paragraph,
sentence, clause and phrase thereof, irrespective
of the fact that any one or more other sections,
subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional.
The enactment of Sections 1036 to 1036.34,
inclusive, shall not in any manner be construed
as a waiver of any license or permit fees or any
other fees or money due and unpaid under the
provisions of any section of the San Francisco
Municipal Code or any ordinance of the City and
County of San Francisco. (Amended by Ord.
401-82, App. 8/13/82)
SEC. 1036.29. BILLIARD AND POOL
TABLES EXCEPTED.
Sections 1036 through 1036.34, inclusive, of
this Code shall not apply to coin-operated bil-
liard, pool or combination tables. All such tables
are subject to the licensing provisions of this
Code in accordance with Sections 1037 to 1037.3,
inclusive, and Sections 510 and 510.1. (Amended
by Ord. 401-82, App. 8/13/82)
SEC. 1036.30. PURPOSE AND FINDINGS.
The Board of Supervisors of the City and
County of San Francisco hereby finds and de-
clares as follows:
(a) The number of video game machines is
rapidly increasing in the City and County of San
Francisco. Between January 1, 1982 and March
31, 1982, the Police Department issued 81 per-
mits for mechanical amusement devices covering
a total of 493 machines, approximately 90 per-
cent of which were video game machines. Cur-
rently, there are approximately 48 applications
pending for mechanical amusement device per-
mits for an additional 178 video game machines.
(b) As the number of video game machines
has increased, public concern has grown with
respect to the location of these machines, the
number of machines permitted at any given
location, creation of street and sidewalk conges-
tion where these machines are concentrated,
accessibility to the machines by minors during
school hours, and the occurrence of public distur-
bances and petty crimes in the vicinity of these
machines.
(c) It is hereby declared to be the policy of
the Board of Supervisors to regulate reasonable
and orderly public access for patrons wishing to
play video game machines, while at the same
time protecting the health, safety and welfare of
the general public, both on the premises and in
the vicinity of the premises where video games
are located. (Added by Ord. 401-81, App. 8/13/82)
SEC. 1036.31. MECHANICAL
AMUSEMENT DEVICES; LOCATION.
(a) Prohibited. It shall be unlawful for any
owner or operator of a mechanical amusement
device to cause, permit or allow same to be
located, operated or maintained to be operated,
and the Entertainment Commission may not
issue a permit for said devices, in the following
areas:
(1) Within a building which has a public
entrance which is located within 300 feet of the
nearest street entrance to or exit from any public
playground or public or private school of elemen-
tary or high school grades; said 300 feet to be
measured from said entrance or exit in the most
direct line or route which may be walked, legally
or not, on, along or across said street or streets
adjacent said public playground or public or
private school of elementary or high school grades;
provided, however, that this Section is not in-
tended to prevent the placement of mechanical
amusement devices on the premises of public or
private schools of elementary or high school
grades.
(2) Within any area of the City and County
of San Francisco zoned exclusively for residen-
tial use, as defined in Part II, Chapter II (City
Planning Code) of the Municipal Code.
(3) In any service station or automobile
repair garage in areas zoned for neighborhood-
commercial or community business use as de-
fined in Part II, Chapter II (City Planning Code)
of the Municipal Code.
Sec. 1036.31.
San Francisco - Police Code
576
(b) One Through Ten Mechanical Amuse-
ment Devices Allowed. Subject to the permit
requirements set forth above in Section 1036.3
and except where prohibited by Subsection (a),
an owner or operator of a mechanical amuse-
ment device or devices may cause, permit or
allow same to be located, operated or maintained
to be operated within any area of the City and
County of San Francisco as an Accessory Use
subject to the restrictions of this subsection:
The maximum number of mechanical amuse-
ment devices allowed in each premises shall be
determined by the number of square feet of
enclosed public retail floor space on a single floor
under a single management as follows:
Square Feet Maximum Number of MADs
0—300
301—1000
1001—1500
1501—2000
2001—2500
2501—3000
3001—3500
3501—4000
4001—4500
4501 or more
2
3
4
5
6
7
8
9
10
(c) Eleven or More Mechanical Amuse-
ment Devices Allowed. Subject to the permit
requirements set forth above in Section 1036.3,
the owner or operator of mechanical amusement
devices may operate an arcade except in those
areas prohibited in Subsection (a) and in those
areas zoned exclusively for neighborhood-com-
mercial or community business use.
(d) Exceptions. The limitations and restric-
tions set forth in Subsections (a) and (b) above,
shall not apply in the following instances:
(1) Where the application is for mechanical
amusement devices in an industrial zone or in
the area bounded on the west by Van Ness
Avenue, on the south by North Point Street and
on the east and north by San Francisco Bay, or in
such similar areas as may be designated by
resolution of the Board of Supervisors from time
to time.
(2) Where a public or private school re-
quests authorization from the Entertainment
Commission for a permit to place mechanical
amusement devices on premises under the juris-
diction of said public or private school and in-
tended for the use of students and staff of said
school.
(3) Premises upon which the California De-
partment of Alcoholic Beverage Control has au-
thorized on-sale consumption of alcoholic bever-
ages, provided that the premises or operations
may not lawfully allow minors thereon.
(4) Bowling alleys, except that there shall
be no more than two mechanical amusement
devices for each bowling lane. The mechanical
amusement devices in bowling alleys shall not be
separately accessible from the street.
(5) Billiard parlors.
(6) Tourist hotels of more than 25 guest
rooms; provided, however, that the mechanical
amusement devices be intended for use of guests
only and provided further that the mechanical
amusement devices be neither accessible to the
public except by passing the front desk nor
visible from the street.
(7) Theaters, both for performing arts and
movies; provided, however, that the mechanical
amusement devices be located in an area in
which only patrons who have paid admission are
allowed, and that all provisions in the Fire Code
respecting the placement of machines be met.
(8) Churches, schools, hospitals, convales-
cent and nursing homes and nonprofit commu-
nity centers (e.g. YMCA); provided, however,
that the use of such machines be incidental and
subordinate to the primary purpose of the insti-
tution. (Added by Ord. 401-82, App. 8/13/82;
amended by Ord. 240-93, App. 8/4/93; Ord. 164-
02, File No. 020783, App. 7/26/2002)
SEC. 1036.31-1. ARCADE LOCATION;
LIMITATION.
Notwithstanding the provisions of Section
1036.31, it shall be unlawful for any owner or
operator of an arcade to cause, permit or allow
same to be located, operated or maintained to be
operated, and the Entertainment Commission
577
Licenses for Amusements
Sec. 1036.33.
may not issue a permit for said arcade, within a
building which has a public entrance which is
located within 1500 feet of the nearest public
entrance to or exit from any arcade which has a
valid permit. Said 1500 feet shall be measured
from said entrance or exit in the most direct
route which may be walked, legally or not, on,
along or across the street, streets or public rights-
of-way adjacent to said arcade. (Added by Ord.
401-82, App. 8/13/82; amended by Ord. 164-02,
File No. 020783, App. 7/26/2002)
SEC. 1036.32. ARCADES— OPERATING
STANDARDS.
The following standards and regulations shall
apply to the operation and maintenance of ar-
cades in the City and County of San Francisco.
(a) All mechanical amusement devices within
the premises shall be visible to and supervised
by an adult attendant or attendants, age 18
years or older. Said attendant(s) shall be present
at all times when the arcade is open to the
public.
(b) The supervision of the patrons on and
about the premises shall be adequate to protect
public against conduct of patrons that is detri-
mental to the public health, safety, and general
welfare.
(c) The permit holder shall be responsible
for ensuring that persons under the age of 18
years not be allowed to operate mechanical amuse-
ment devices during the school year from the day
after Labor Day to Memorial Day, Monday through
Friday, except legal holidays, between the hours
of 7:00 a.m. and 3:00 p.m., or between the hours
of 10:00 p.m. and 7:00 a.m. on all days preceding
school days and between 11:00 p.m. and 7:00
a.m. on all other days unless accompanied by an
authorized agent of the School District, parent or
legal guardian; provided, however, that premises
which have mechanical amusement devices as
provided under Section 1036.31(d), Subpara-
graphs 3, 4, 5, 6, 7 and 8 are exempted from the
provisions of this subsection.
(d) Establishments dispensing food services
shall provide adequate waste receptacles, which
shall be conveniently located in the vicinity of
the mechanical amusement devices; arcade pre-
mises shall be adequately ventilated and illumi-
nated.
(e) The permit holder shall comply with
security lighting requirements, token-use require-
ments and such other reasonable requirements
determined by the Entertainment Commission
to be necessary to minimize danger to the com-
munity resulting from the operation of the ar-
cade. These requirements shall be set forth in
the permit or, in the event circumstances alter,
by appropriate amendment to the permit.
(f) An arcade may have no more than one
mechanical amusement device per 30 square feet
of public retail floor space.
(g) As a condition for obtaining a permit for
mechanical amusement devices, the applicant
shall be required to provide a master switch or
switches, readily accessible to the permit holder,
employees or agent of the permit holder and the
Police Department, that can immediately turn
off all mechanical amusement devices in the
arcade. The permit shall also specify that the
applicant consents to and authorizes the Police
Department to turn off all mechanical amuse-
ment devices for a period of up to six hours at
any time there is a clear and present danger to
the public safety. (Added by Ord. 401-82, App.
8/13/82; amended by Ord. 164-02, File No. 020783,
App. 7/26/2002)
SEC. 1036.33. ACCESSORY USES-
OPERATING STANDARDS.
The following standards and regulations shall
apply to the operation and maintenance of all
premises containing mechanical amusement de-
vices except those premises regulated under Sec-
tion 1036.32 of this Code:
(a) Mechanical amusement devices shall be
located in the main body of the premises, not
separated therefrom by any wall or partition.
(b) The supervision of the patrons on the
premises shall be adequate to ensure that there
be no conduct that is detrimental to the public
health, safety, and general welfare. Where there
are five or more mechanical amusement devices
within the premises, all mechanical amusement
Sec. 1036.33.
San Francisco - Police Code
578
devices within said premises shall be visible to
and supervised by an adult attendant or atten-
dants, age 18 years or older. Said attendant(s)
shall be present at all times when any mechani-
cal amusement device is being operated.
(c) The permit holder shall comply with
such reasonable requirements as determined by
the Entertainment Commission to be necessary
to minimize danger to the community resulting
from the operation of the mechanical amusement
devices. These requirements shall be set forth in
the permit or, in the event circumstances alter,
by appropriate amendment to the permit.
(d) The permit holder shall be responsible
for ensuring that mechanical amusement de-
vices be kept turned off during the school year
from the day after Labor Day to Memorial Day,
Monday through Friday, except legal holidays,
between the hours of 7:00 a.m. and 3:00 p.m.,
and between the hours of 10:00 p.m. and 7:00
a.m. on all days preceding school days and be-
tween 11:00 p.m. and 7:00 a.m. on all other days;
provided, however, that premises which have
mechanical amusement devices as provided un-
der Section 1036.31(d), subparagraphs 3, 4, 5, 6,
7 and 8 be exempted from the provisions of this
subsection.
(e) Establishments dispensing food services
shall provide adequate waste receptacles which
shall be conveniently located in the vicinity of
the mechanical amusement devices. (Added by
Ord. 401-82, App. 8/13/82; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)
SEC. 1036.34. EXCEPTION TO
REQUIREMENTS.
Notwithstanding the provisions of Section
1036.31 and 1036.31-1, any person who pos-
sesses a valid permit heretofore issued by the
Chief of Police for the ownership, operation and
maintenance of mechanical amusement devices
in accordance with the provisions of Sections
1036 to 1036.29, inclusive, may operate those
mechanical amusement devices included in said
permit upon the premises for which said permit
to operate was issued until the expiration, revo-
cation or suspension of said permit without ob-
taining a new permit; provided, however, that
the permit holder comply with the requirements
of Sections 1036 to 1036.33, excluding Sections
1036.31 and 1036.31-1, from the effective date of
this Section; provided further that said permit
may not be transferred. The operating standards
set forth in Section 1036.33 of this Article shall
apply to the operation and maintenance of all
premises containing mechanical amusement de-
vices in those areas zoned exclusively for neigh-
borhood-commercial or community business use,
regardless of the number of mechanical amuse-
ment devices on the premises. (Added by Ord.
401-82, App. 8/13/82)
SEC. 1036.35. EXEMPTION.
Notwithstanding any provisions of Sections
1036 to 1036.34, inclusive, to the contrary, the
Recreation and Park Commission of the City and
County of San Francisco shall have exclusive
jurisdiction to determine whether and under
what conditions mechanical amusement devices
may be placed on property under its jurisdiction.
(Added by Ord. 401-82, App. 8/13/82)
SEC. 1037.
TABLES.
BILLIARD AND POOL
No person, firm or corporation shall engage
in business under the provisions of this Section
without first obtaining from the Entertainment
Commission a permit to maintain and charge for
the use of such billiard or pool or combination
tables; such permits shall be issued annually,
and may be revoked for cause at any time by the
Entertainment Commission, and upon the revo-
cation of such permit such license issued thereon
shall immediately terminate and expire, and the
Tax Collector shall not issue any license under
the provisions of this Section unless the appli-
cant therefor shall have first obtained a permit
from the Entertainment Commission. (Added by
Ord. 555-81, App. 11/12/81; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)
SEC. 1037.1. FILING FEE APPLICATION.
Applications for billiard or pool table permits
shall be filed with the Entertainment Commis-
579
Licenses for Amusements
Sec. 1041.
sion on a form provided for said permit together
with a nonrefundable fee. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1037.2. LICENSE FEE.
Every person, firm or corporation owning,
leasing or maintaining any billiard table, pool
table, or combination table, for the use of patrons
of any place of business, shall pay an annual
license fee to the Tax Collector, payable in ad-
vance, for the first such table and additional
license fee for each additional such table in any
such place of business. The permit shall be
nontransferable .
The annual license fee prescribed in this
Section is due and payable on a calendar year
basis starting January 1st of each year. Fees for
new permits issued after the first day of January
of a particular year shall be prorated with regard
to the calendar year on a monthly basis. (Added
by Ord. 555-81, App. 11/12/81; amended by Ord.
193-05, File No. 051027, App. 7/29/2005)
SEC. 1037.3. PERMIT AND LICENSE
NOT EXEMPT FROM ANY OTHER
PROVISION OF CODE.
The issuance of a permit or license under the
provisions of Sections 1037 to 1037.2, inclusive,
shall not exempt the permittee or licensee from
any other provisions of the of San Francisco
Municipal Code or any ordinances of the City
and County of San Francisco requiring a permit
or license or otherwise regulating the use or
maintenance of billiard or pool tables. (Added by
Ord. 555-81, App. 11/12/81)
SEC. 1039. REGULATING SHOOTING
GALLERIES— PERMIT REQUIRED.
It shall be unlawful for any person, firm,
corporation, club or association to establish, main-
tain or conduct any shooting gallery or range
without a permit from the Police Department;
provided, however, that said Police Department
shall not grant a permit for the establishment or
maintenance of any shooting gallery or range
within that portion of the City and County
bounded as follows: On the north by the south-
erly line of Broadway; on the east by a line
parallel with and 30 feet west of the westerly line
of Kearny Street; on the south by the northerly
line of California Street, and on the west by the
easterly line of Larkin Street. (Added by Ord.
1.075, App. 10/11/38)
SEC. 1039.1. FILING FEE.
Every person, firm, corporation, club or asso-
ciation desiring a permit pursuant to Section
1039 of this Article shall file an application with
the Chief of Police upon a form provided by said
Chief of Police and shall pay a filing fee. (Added
by Ord. 555-81, App. 11/12/81)
SEC. 1039.2. SHOOTING GALLERIES.
Every person, firm or corporation, club or
association engaged in the business of maintain-
ing or conducting a shooting gallery or range, for
profit, shall pay a license fee for each gallery so
maintained or conducted.
The license herein provided is exclusive of
any powder license which now is or hereafter
may be required by law. (Added by Ord. 555-81,
App. 11/12/81)
SEC. 1040. FIREARMS REGULATED.
It shall be unlawful for any person, firm,
corporation, club or association, maintaining or
conducting any shooting gallery or range to use
or permit to be used or discharged therein any
firearms of greater than 22 caliber, unless the
cartridges used in such firearms be loaded with
reduced charges. (Added by Ord. 1.075, App.
10/11/38)
SEC. 1041. CLOSING DURING CERTAIN
HOURS.
It shall be unlawful for any person, firm,
corporation, club or association, maintaining or
conducting any shooting gallery or range to keep
the same open, or to discharge or permit to be
discharged therein any firearms, cartridge or
other explosive between the hours of midnight
and 7:00 a.m. of the following morning. (Added
by Ord. 1.075, App. 10/11/38)
Sec. 1042.
San Francisco - Police Code
580
SEC. 1042. BETTING PROHIBITED.
It shall be unlawful for any person, firm,
corporation, club or association maintaining or
conducting any shooting gallery or range to per-
mit any betting or wagering upon the result of
any shooting contest conducted or engaged in
within such gallery or range; and it shall be
unlawful for any person to bet or wager upon the
result of any shooting contest conducted or en-
gaged in within any shooting gallery or range.
(Added by Ord. 1.075, App. 10/11/38)
SEC. 1043. BULLET-PROOFING.
Every shooting gallery or range must be
bullet-proof and entirely enclosed. (Added by
Ord. 1.075, App. 10/11/38)
SEC. 1044. INSPECTION BY POLICE.
The Chief of Police is hereby authorized and
empowered to inspect shooting galleries and
ranges, and to direct any member of the Police
Department to make such inspection. (Added by
Ord. 1.075, App. 10/11/38)
SEC. 1045. MECHANICAL
CONTRIVANCES AND OTHER
AMUSEMENTS.
It shall be unlawful for any person, firm or
corporation to maintain or conduct any of the
following amusements without first having ob-
tained a permit for said amusement from the
Entertainment Commission:
(a) Any public roller or ice skating rink;
(b) Any revolving wheel, chute, toboggan
slide, merry-go-round, swing or other mechani-
cal contrivance where a fee or sum of money is
charged to carry any person thereon;
(c) Any museum or any collection of ma-
chines operated for the entertainment or amuse-
ment of the public, where an admission fee is
charged; provided, however, that permits for
museums shall not be required under this Sec-
tion from any museum maintained or conducted
by a federal, state or local entity or any corpora-
tion or foundation which is exempt from income
taxes under Section 501(c)(3) of the Internal
Revenue Code. (Added by Ord. 555-81, App.
11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1045.1. FILING FEE.
Every person desiring a permit pursuant to
Section 1045 of this Article shall file an applica-
tion with the Entertainment Commission upon a
form provided by the Entertainment Commis-
sion and shall pay a filing fee. (Added by Ord.
555-81, App. 11/12/81; amended by Ord. 164-02,
File No. 020783, App. 7/26/2002)
SEC. 1045.2. LICENSE.
Every person, firm or corporation maintain-
ing or conducting any amusement for which a
permit is required by Section 1045 of this Article
shall pay a license fee.
The Tax Collector shall not issue a license
under the provisions of this Section, unless the
applicant therefor shall have first obtained from
the Entertainment Commission a permit to con-
duct such amusement.
Such permits shall be issued annually, and
may be revoked at any time by the Entertain-
ment Commission, and upon the revocation of
such permit such license issued thereon shall
immediately terminate and expire. (Added by
Ord. 555-81, App. 11/12/81; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)
SEC. 1045.3. APPLICATION AND
POSTING.
The application for mechanical contrivances
and other amusements shall be filed in sufficient
time to allow the Entertainment Commission to
notice and fix the time and place for a public
hearing on the application. Not less than 10 days
before such hearing, the Entertainment Commis-
sion shall cause a notice of such hearing to be
posted in one or more conspicuous place(s) on or
about the property where the mechanical con-
trivances and other amusements are to be oper-
ated, in a fashion designed to inform the public of
the application. Failure to apply in sufficient
time for a noticed hearing to be held may be
581
Licenses for Amusements
Sec. 1052.
cause for the Entertainment Commission to deny
issuance of a permit. (Amended by Ord. 584-81,
App. 12/10/81; Ord. 164-02, File No. 020783,
App. 7/26/2002)
SEC. 1045.4. EXCEPTIONS.
The provisions of Sections 1045 to 1045.4,
inclusive, shall not apply to any person, firm or
corporation who is required to obtain a permit
for the same amusement pursuant to Sections
1015 to 1018, inclusive, or Sections 1031 to 1034,
inclusive, of this Article. (Added by Ord. 555-81,
App. 11/12/81)
SEC. 1049. PROVIDING FOR
INSPECTION AND REGULATION OF
MECHANICAL AMUSEMENT
CONTRIVANCES USED TO CONVEY
HUMAN BEINGS.
Every person, firm or corporation operating
or maintaining any revolving wheel, chute, sce-
nic railway, swing, slide or mechanical amuse-
ment contrivance for the purpose of conveying
human beings, shall cause an inspection of the
same to be made before a license therefor is
granted. Such inspection of said machine must
be made quarterly prior to the issuance of the
quarterly license therefor and may be made
either by the Department of Public Works of the
City and County of San Francisco or by a quali-
fied safety inspector employed by an insurance
company; provided, that said safety inspector
shall have first secured from the Industrial Ac-
cident Commission of the State of California a
certificate of competency to make such inspec-
tion. A safety certificate must be furnished to the
person conducting said contrivance, and pre-
sented to the Tax Collector before a license
therefor shall be granted. (Amended by Ord. 971,
Series of 1939, App. 12/26/40)
SEC. 1050. RECREATIONAL
EQUIPMENT VENDOR DEFINED.
Unless the context specifically indicates oth-
erwise, the term "recreational equipment ven-
dor" as used in this chapter shall mean or
include all persons, firms, corporations, clubs or
associations which rent, sell, lease, loan or oth-
erwise make available recreational equipment to
the public. (Added by Ord. 307-79: App. 6/29/79)
SEC. 1051. PERMIT REQUIRED.
It shall be unlawful for any recreational
equipment vendor to rent, sell, lease, loan or
otherwise make available recreational equip-
ment to the public from a truck, cart or otherwise
movable vehicle located on a public street or
other public property without first having ob-
tained a permit from the Entertainment Com-
mission. (Added by Ord. 307-79, App. 6/29/79;
amended by Ord. 164-02, File No. 020783, App.
7/26/2002)
SEC. 1052. APPLICATION FOR PERMIT.
Applications for said permit shall be made in
writing to the Entertainment Commission and
shall be made in such form and shall contain
such information as the Entertainment Commis-
sion shall require, including proof of liability
insurance in an amount of $1 million, naming
the City and County of San Francisco and its
officers and employees as an additional insured,
and an agreement to hold the City and County of
San Francisco harmless from any liability aris-
ing out of the vending and use of recreational
equipment. In granting or denying a permit, the
Entertainment Commission shall give particular
consideration to the peace, order, health, safety
and welfare of the public and on the business
reputation of the vendor; provided, that each
application be made for a single city street and
block and that at no time will a permit be issued
to more than one recreational equipment vendor
for the same street and block. No more than one
permit shall be issued to any person, firm, cor-
poration, partnership, club, association, or group
of any kind.
Upon application for a recreational equip-
ment vendor permit, the Entertainment Commis-
sion shall set a time, date and place for a public
hearing thereon and shall cause a notice thereof
to be conspicuously posted on all available utility
and light poles on the street and block for which
the permit is requested not less than 20 days
before the date set for public hearing. The notice
shall set forth the name of the applicant, the
Sec. 1052.
San Francisco - Police Code
582
purpose for which the application is made, and
the time, date, and place of public hearing on the
application.
Each applicant for a permit shall pay to the
Entertainment Commission a nonrefundable ap-
plication fee payable in advance. (Amended by
Ord. 555-81, App. 11/12/81; Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1053. LICENSE FEES.
Every person granted a recreational equip-
ment vendor permit by the Entertainment Com-
mission shall pay to the Tax Collector an annual
license fee, payable in advance. The permit shall
be nontransferable.
The license fee prescribed in this Section is
due and payable on a calendar year basis, start-
ing January 1st of each year. Fees for new
permits issued after the first day of January of a
particular year shall be prorated with regard to
the calendar year on a monthly basis. (Amended
by Ord. 555-81, App. 11/12/81; Ord. 164-02, File
No. 020783, App. 7/26/2002)
SEC. 1054. REGULATIONS.
(a) Hours. Recreational equipment can only
be rented, sold, leased, loaned or otherwise made
available to the public between sunrise and
sunset of any given day. The trucks, carts or
otherwise movable vehicles used by recreational
equipment vendors may be parked or positioned
for one-half hour before sunrise until one-half
hour after sunset.
(b) Location. Once a recreational equip-
ment vendor has positioned his vehicle and has
transacted his first business of the day, he can-
not reposition his vehicle except in the case of an
emergency or when ordered to do so by an
on-duty police officer or fireman. However, if he
is parked in a restricted parking area, he must
obey the time limits or other restrictions pro-
vided by the San Francisco Traffic Code or by the
California Vehicle Code, except that he is exempt
from the provisions of Traffic Code Section 63 as
provided therein.
(c) Equipment. No recreational equipment
vendor shall have available for vending more
than 400 items of recreational equipment or if
the item is commonly rented in pairs (such as
roller skates) 400 pairs of such them; provided,
however, that safety equipment related to the
use of said item is not included in this limit.
Every recreational equipment vendor shall cer-
tify that the equipment with which he deals is in
good condition and is safe for the use for which it
was intended.
(d) Attended Vehicles. At no time be-
tween sunset of one day and sunrise of the next
day shall the vehicle used by any recreational
equipment vendor in the conduct of his business
be left unattended on the public streets of San
Francisco.
(e) Limitation on Location. Recreational
equipment cannot be rented, sold, leased, loaned
or otherwise made available to the public on a
public street or sidewalk in an RH-1 (D), RH-1,
RH-1 (S), RH-2, RH-3, RM-1, RM-2, RM-3, RM-4,
RC-1, RC-2, RC-3 or RC-4 Use District or adja-
cent to a park within the City and County of San
Francisco.
(f) Further Regulations and Rules. The
Entertainment Commission shall have the au-
thority to adopt further rules and regulations as
required. (Amended by Ord. 352-80, App. 7/3/80;
Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 1055. PENALTY.
Any person who shall violate any of the
provisions of Sections 1050 to and including 1054
of this Chapter shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be subject to a
fine of not less than $100 and not more than
$500, or by imprisonment in the jail of the City
and County for a term of not more than six
months or by both such fine and imprisonment.
In the alternative any violations of Sections
1050 to and including 1054 of this Chapter by a
permittee hereunder shall be deemed to be dis-
orderly and improper conduct as that term is
used in Section 3.537 of the Charter of the City
and County of San Francisco, and the Entertain-
ment Commission may, after hearing, revoke
583 Licenses for Amusements Sec. 1055.
said permittee's permit pursuant to Section 3.537
of said Charter; or, in lieu thereof, may, after
hearing, suspend said permit for such length of
time as he deems proper. (Added by Ord. 307-79,
App. 6/29/79; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
Sec. 1055. San Francisco - Police Code 584
[The next page is 605]
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
Sec.
1060.
Definitions.
Sec.
1060.1.
Permit Required.
Sec.
1060.1-1
. License Fees.
Sec.
1060.2.
Filing.
Sec.
1060.3.
Application Form.
Sec.
1060.4.
Verification of Application.
Sec.
1060.5.
Determination of Application.
Sec.
1060.6.
Private Club.
Sec.
1060.7.1.
Solicitation of Drinks or
Merchandise.
Sec.
1060.8.
Lighting.
Sec.
1060.9.
Miscellaneous Rules.
Sec.
1060.9.1.
Requirement For Stage.
Sec.
1060.10.
Booths.
Sec.
1060.11.
Police — Inspection.
Sec.
1060.12.
Noise Abatement.
Sec.
1060.13.
Minors.
Sec.
1060.14.
Regulation of Signs.
Sec.
1060.15.
Signs, Continued.
Sec.
1060.17.
Removal of Signs and Pictorial
Representation.
Sec.
1060.18.
Visibility From the Street.
Sec.
1060.19.
Permit Fee; Exemptions.
Sec.
1060.20.
Suspension and Revocation.
Sec.
1060.21.
Forfeiture of Fee.
Sec.
1060.22.
License Fees.
Sec.
1060.23.
Limited Suspension.
Sec.
1060.24.
Transfer of Permit.
Sec.
1060.25.
Penalty.
Sec.
1060.26.
Severability.
Sec.
1060.27.
Time Limit For Obtaining
Permit.
Sec.
1060.28.
Earplugs and Free Drinking
Water.
Sec.
1060.29.
One Night Event Permit.
SEC. 1060. DEFINITIONS.
For the purpose of this Article, the following
words and phrases shall mean and include:
(a) "Place of Entertainment." Every pre-
mises to which patrons or members are admitted
which serves food, beverages, or food and bever-
ages, including but not limited to alcoholic bev-
erages, for consumption on the premises and
wherein entertainment as defined in Subsec-
tions (b), (c), or (e) is furnished or occurs upon the
premises.
(b) "Entertainment." Any act, play, review,
pantomime, scene, song, dance act, song and
dance act, or poetry recitation, conducted or
participated in by any professional entertainer
in or upon any premises to which patrons or
members are admitted.
"Entertainment," in addition, is defined to
mean and include the playing upon or use by any
professional entertainer of any instrument that
is capable of or can be used to produce musical
sounds or percussion sounds, including but not
limited to, reed, brass, percussion or string-like
instruments, or recorded music presented by a
live disc jockey on the premises.
(c) "Entertainment," Continued. "Entertain-
ment" also includes a fashion or style show in
which the models are professional entertainers,
except when conducted by a bona fide nonprofit
club or organization as a part of the social
activities of such club or organization, and when
conducted solely as a fundraising activity for
charitable purposes.
(d) "Professional Entertainer. " A person who
is compensated for his or her performance.
(e) "Entertainment," Continued; Exhibition
of Human Body. "Entertainment" also includes
the act of any female professional entertainer,
while visible to any customer, who exposes the
breast or employs any device or covering which is
605
Sec. 1060.
San Francisco - Police Code
606
intended to simulate the breast, or wears any
type of clothing so that the breast may be ob-
served.
(f) "Person." Any person, individual, firm,
partnership, joint venture, association, social
club, fraternal organization, joint stock company,
corporation, estate, trust, business trust, re-
ceiver, trustee, syndicate or any other group or
combination acting as a unit excepting the United
States of America, the State of California, and
any political subdivision of either thereof.
(g) "Operator." Any person operating a place
of entertainment in the City and County of San
Francisco, including, but not limited to, the owner
or proprietor of such premises, lessee, sublessee,
mortgagee in possession, permittee or any other
person operating such place of entertainment or
amusement.
(h) "Bona Fide Nonprofit Club or Organiza-
tion." Any fraternal, charitable, religious or be-
nevolent, or any other nonprofit organization
having a regular membership association prima-
rily for mutual social, mental, political and civic
welfare, to which admission is limited to mem-
bers and guests and revenue accruing therefrom
shall be used exclusively for the benevolent pur-
poses of said organization and which organiza-
tion or agency is exempt from taxation under the
Internal Revenue laws of the United States as a
bona fide fraternal, charitable, religious, benevo-
lent or nonprofit organization.
(i) "Admission Charge." Any charge for the
right or privilege to enter any place of entertain-
ment including a minimum service charge, a
cover charge or a charge made for the use of
seats and tables, reserved or otherwise.
(j) "Tax Collector." Tax Collector of the City
and County of San Francisco.
(k) "Security Plan." A plan that (i) provides
at least 1 security guard for every 100 persons
authorized by the Occupancy Permit, (ii) secures
a 50 foot perimeter in all directions around the
location of the Place of Entertainment to prevent
injury to persons and/or damage to property, and
(iii) provides for the orderly disbursement of
persons and traffic from the Place of Entertain-
ment. The Entertainment Commission, in con-
sultation with the San Francisco Police Depart-
ment, shall develop rules and regulations
implementing this section. (Amended by Ord.
42-83, App. 2/4/83; Ord. 325-91, App. 9/4/91; Ord.
165-93, App. 5/28/93; Ord. 262-04, File No. 041148,
App. 11/4/2004)
SEC. 1060.1. PERMIT REQUIRED.
It shall be unlawful for any person to own,
conduct, operate, maintain or to participate
therein, or to cause or permit to be conducted,
operated or maintained, any place of entertain-
ment in the City and County of San Francisco
without first having obtained a permit from the
Entertainment Commission.
Any place or premises where a permit to
operate is sought must conform to all existing
health, safety, zoning and fire ordinances of the
City and County of San Francisco, and must
have a valid public eating place permit from the
Department of Public Health. The Entertain-
ment Commission may issue a permit under this
Section conditional upon the applicant receiving
the other required permits.
Any permit granted by the Entertainment
Commission conditional upon the applicant re-
ceiving other required permits may be appealed
to the Board of Permit Appeals. Such appeal
must be filed within ten (10) days of the final
decision of the Entertainment Commission issu-
ing the conditional permit.
Any conditional permit granted by the Enter-
tainment Commission will expire nine (9) months
from the date of the final decision of the Enter-
tainment Commission, if all the other required
permits have not been received. (Amended by
Ord. 284-80, App. 6/17/80; Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1060.1-1. LICENSE FEES.
Every person granted a place of entertain-
ment permit by the Entertainment Commission
under this Article shall pay to the Tax Collector
an annual license fee, payable in advance.
The license fee prescribed in this Section is
due and payable on a calendar year basis, start-
ing January 1st of each year. Fees for new
607
Entertainment Regulations Permit and License Provisions
Sec. 1060.3.
permits issued after the first day of January of a
particular year shall be prorated with regard to
the calendar year on a monthly basis. The amount
of the license fee for the 2005-2006 fiscal year
shall be as set forth in Section 2.27 of this Code,
and such amount shall be adjusted for inflation
commencing with the 2006-2007 fiscal year, and
annually thereafter, in accordance with Section
2.31 of this Code. (Added by Ord. 193-05, Fife No.
051027, App. 7/29/2005)
SEC. 1060.2. FILING.
Every person desiring a permit pursuant to
this Article shall file an application with the
Entertainment Commission upon a form pro-
vided by the Entertainment Commission and
shall pay a filing fee. (Amended by Ord. 555-81,
App. 11/12/81; Ord. 164-02, File No. 020783, App.
7/26/2002)
SEC. 1060.3. APPLICATION FORM.
Operators under any permit issued pursuant
to this Article shall be limited to the terms of the
application. Except as otherwise provided herein,
an application for a permit pursuant to the
provisions of this Article shall specify:
(a) The address of the location for which the
permit is required, together with the business
name of such location.
(b) The name and proposed business ad-
dress of the applicant. If the applicant is a
corporation, the name of the corporation shall be
set forth exactly as shown in its articles of
incorporation; and the applicant shall also set
forth the date and place of incorporation; the
names and residence addresses of each of the
officers, directors, and each stockholder owning
more than 10 percent of the stock of the corpo-
ration. If the applicant is a partnership, the
application shall set forth the name and resi-
dence address of each of the partners, including
limited partners. If one or more of the partners is
a corporation, the provisions of this Section per-
taining to a corporate applicant apply.
(c) Whether or not the applicant or any
officer or director or member of applicant, as the
case may be, has ever been convicted of any
crime except misdemeanor traffic violations. In
addition to the foregoing, any corporate appli-
cant shall state whether or not any stockholder
owning more than 10 percent of the stock of such
corporation has ever been convicted of any crime
except misdemeanor traffic violations. If any
person mentioned in this subsection has been so
convicted, a statement must be made giving the
name of the person so convicted, the place and
court in which the conviction was had, the spe-
cific charge under which the conviction was
obtained, and the sentence imposed as the result
of said conviction.
(d) The names and addresses of the persons
who have authority or control over the place for
which the permit is requested and a brief state-
ment of the nature and extent of such authority
and control.
(e) Such information pertinent to the opera-
tion of the proposed activity, including informa-
tion as to management, authority control, finan-
cial agreements, and lease arrangements, that is
reasonably related to the factual determinations
this ordinance empowers the Entertainment Com-
mission to make in reviewing and acting upon
permit applications as the Entertainment Com-
mission may require of an applicant in addition
to the other requirements of this Section. The
foregoing examples are in explanation of and not
in limitation of the information which the Enter-
tainment Commission may require.
(f) A business plan for the proposed place of
entertainment, specifying the days and hours of
operation, the number of patrons, the numbers
of employees and their duties, the identity of the
manager or managers who shall be on premises
during all hours of operation, the types or classes
of entertainment (in terms of the types of instru-
ments, numbers of performers and sound levels)
to be provided, and the amount of parking, both
on-site and off-site, to be provided. If sound
amplification is to be used, the plan shall also
include a specific description of the amplification
system.
(g) The address to which notice, when re-
quired, is to be sent or mailed, and the name and
address of a person authorized to accept service
of process, if not otherwise set forth herein.
Sec. 1060.3.
San Francisco - Police Code
608
(h) Whether the application is for a new
permit or for the renewal of an existing permit.
(i) The Entertainment Commission may re-
quire further information as it deems necessary.
(Added by Ord. 140-70, App. 4/28/70; amended
Ord. 325-91, App. 9/4/91; Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1060.4. VERIFICATION OF
APPLICATION.
Every application for a permit under this
Article shall be verified as provided in the Cali-
fornia Code of Civil Procedure for the verification
of pleadings. (Added by Ord. 140-70, App. 4/28/
70)
SEC. 1060.5. DETERMINATION OF
APPLICATION.
(a) When an application is filed for a new
permit under this Article, the Entertainment
Commission shall fix a time and place for a
public hearing thereon to determine whether
issuance of the permit would result in any of the
conditions set forth in Subsection (e). The hear-
ing must be held within 45 working days of the
date the completed application is received.
(b) At the time of filing of an application,
the applicant shall notify the Entertainment
Commission of any outstanding requests for per-
mits or approvals from other City departments
relating to the premises of the proposed place of
entertainment. The Entertainment Commission
shall notify those departments of the filing of the
application. Those departments shall complete
all necessary inspections and report their deter-
minations to the Entertainment Commission
within 20 working days of the filing of the
application.
(c) Not less than 30 days before the date of
such hearing, the Entertainment Commission
shall cause to be posted a notice of such hearing
in a conspicuous place on the property in which
or on which the proposed place of entertainment
is to be operated. Such notice shall set forth the
specific type of entertainment which the appli-
cant intends to conduct. Such posting of notice
shall be carried out by the Entertainment Com-
mission, and the applicant shall maintain said
notice as posted the required number of days.
Notice of such hearing shall be mailed by the
Entertainment Commission at least 30 days prior
to the date of such hearing to any person who has
filed a written request for such notice.
(d) At the hearing, the applicant and any
other interested party, including the Police De-
partment or any other public agency, shall be
allowed to introduce evidence and present argu-
ment. The Entertainment Commission shall make
a final decision upon the application at a public
hearing, and shall notify the applicant, and any
other interested party who has made a written
request, of the final decision by first class mail.
(e) No time limit shall commence running
until the submission of a completed application.
Upon the applicant's request, the Entertainment
Commission shall continue the hearing to allow
the applicant opportunity to comply with the
requirements of this Article or any other state or
local law. Notice of the date of any continuance of
the hearing shall be posted in the same place and
manner as the original notice for not less than
seven (7) days. Upon the applicant's request, the
Entertainment Commission shall also issue a
conditional approval of the permit application,
pending approval of the permit by other City
agencies, if sufficient information has been pro-
vided to allow for adequate evaluation of the
proposal and if grounds for denial, as set forth in
Subsection (f), are not present.
(f) The Entertainment Commission shall
grant a permit pursuant to this Article unless it
finds that:
(i) The building, structure, equipment or
location of the proposed place of entertainment
does not comply with or fails to meet all of the
health, zoning, fire and safety requirements or
standards of all the laws of the State of Califor-
nia or ordinances of the City and County of San
Francisco applicable to such business operation;
or
(ii) The building, structure, equipment or
location of the proposed place of entertainment
cannot adequately accommodate the type and
volume of vehicle and pedestrian traffic antici-
pated; or
609
Entertainment Regulations Permit and License Provisions
Sec. 1060.12.
(iii) The building, structure, equipment or
location of the proposed place of entertainment
lack adequate safeguards to prevent emissions of
noise, glare, dust and odor that substantially
interfere with the public health, safety and wel-
fare or the peaceful enjoyment of neighboring
property; or
(iv) The building, structure, or location of
the proposed one night event does not have an
adequate security plan as required by this Sec-
tion.
(g) An applicant whose application for a
permit has been denied pursuant to this Section
may seek immediate judicial review pursuant to
Code of Civil Procedure Section 1085 or Section
1094.5. The applicant is not required to exhaust
his or her administrative remedies before the
Board of Appeals. (Added by Ord. 140-70, App.
4/28/70; amended by Ord. 325-91, App. 9/4/91
Ord. 164-02, File No. 020783, App. 7/26/2002
Ord. 216-02, File No. 021460, App. 11/1/2002
Ord. 262-04, File No. 041148, App. 11/4/2004)
SEC. 1060.6. PRIVATE CLUB.
No establishment issued a permit pursuant
to this Article may allow the premises to be used
solely for the purpose of conducting a private
club between the hours of 2:00 a.m. and 6:00 a.m.
(Added by Ord. 140-70, App. 4/28/70)
SEC. 1060.7.1. SOLICITATION OF
DRINKS OR MERCHANDISE.
No operator of a place of entertainment shall
employ or permit any hostess, entertainer or
person to solicit any patron or customer of or
visitor in said place of entertainment to purchase
any beverage or merchandise for the one solicit-
ing or for any other person. (Added by Ord.
306-73, App. 8/6/73)
SEC. 1060.8. LIGHTING.
Every establishment which has received a
permit pursuant to this Article shall be lighted
throughout to an intensity of not less than 12
foot candles during all hours of operation except
while the floor show is in progress. (Added by
Ord. 140-70, App. 4/28/70)
SEC. 1060.9. MISCELLANEOUS RULES.
No professional entertainer or employee may
dance with any customer on the premises in any
place of entertainment. (Added by Ord. 140-70,
App. 4/28/70)
SEC. 1060.9.1. REQUIREMENT FOR
STAGE.
Entertainers whose breasts are exposed to
view shall perform only upon a stage at least 18
inches above the immediate floor level and re-
moved at least 6 feet from the nearest patron.
(Added by Ord. 273-73, App. 7/6/73)
SEC. 1060.10. BOOTHS.
It shall be unlawful for any person operating
a place of entertainment under the provisions of
this Article in the City and County of San Fran-
cisco, or any agent, employee or representative
thereof, to erect, construct, maintain, or cause or
permit to be erected, constructed or maintained,
within such place of entertainment any private
rooms, booths, enclosures or compartments, or
any closed stalls, or any alcoves of any nature, so
arranged that the inner portion of the same shall
not at all times be visible from any point in the
place of entertainment where such rooms, booths,
enclosures, compartments, stalls or alcoves should
be reasonably within view. (Added by Ord. 140-
70, App. 4/28/70)
SEC. 1060.11. POLICE— INSPECTION.
The Police Department, in addition to their
several other duties, shall inspect any and all
establishments which have been issued a permit
pursuant to this Article. (Added by Ord. 140-70,
App. 4/28/70)
SEC. 1060.12. NOISE ABATEMENT.
Whenever, upon due notice and hearing, it
shall be determined that noise from any estab-
lishment which has been issued a permit pursu-
ant to this Article interfered with the right of
persons dwelling in the vicinity of such establish-
ment to the peaceful and quiet use and enjoy-
ment of their property, the Entertainment Com-
mission may require that the premises be
soundproofed in a manner that in the judgment
Sec. 1060.12.
San Francisco - Police Code
610
of the Entertainment Commission will be effec-
tive to eliminate the noise or reduce it to a
reasonable level. In taking any action under this
Section, the Entertainment Commission must
balance all of the interests of the respective
parties, as well as the hardship which will result
from any order. If the Entertainment Commis-
sion finds that the noise complained of is of a
minimum or inconsequential degree, no action
shall be taken under this Article. If a permittee
fails, within a reasonable time and in no event
more than 60 days after having been ordered to
do so pursuant to this Article, to abate any noise,
his permit shall be suspended after a second
hearing, due notice of which is given, until such
time as he complies with the order. (Added by
Ord. 140-70, App. 4/28/70; amended by Ord.
164-02, File No. 020783, App. 7/26/2002)
SEC. 1060.13. MINORS.
No person under 21 years of age shall enter,
be, or remain in or on any premises on or in
which any exhibition of the human body, as
defined in Section 1060(f), is presented and per-
mittee shall not permit such a person to enter,
be, or remain in or on any such premises. (Added
by Ord. 140-70, App. 4/28/70)
SEC. 1060.14. REGULATION OF SIGNS.
No sign or signs, paintings, photographs,
pictorial representations, or any other visual
means shall be maintained, erected, used or
placed upon or adjacent to the outside of any
building, or in connection with any premises
therein, which has received a permit pursuant to
this Article, if it shows, reveals or depicts, in
whole or in part, the following:
(1) The performance of acts, or simulated
acts, of sexual intercourse, masturbation, sod-
omy, bestiality, copulation (oral, anal or vaginal),
flagellation or any sexual acts which are prohib-
ited by law;
(2) The actual or simulated caressing or
fondling by one adult human being of the breast,
buttocks, anus or genitals of another adult hu-
man being;
(3) The actual or simulated displaying of
the pubic hair, anus, vagina, penis, vulva, but-
tocks, or any other external genitalia of the
human body;
(4) Any portion of the nude female breast
below the top of the areola. (Amended by Ord.
71-73, App. 2/23/73)
SEC. 1060.15. SIGNS, CONTINUED.
No sign or signs which, in whole or in part,
advertise any entertainment and which sign or
signs use the word "nude," "bottomless," "naked"
or words of like import, except that the words
"adult entertainment" or "adult show" or "topless
entertainment" will be permissible, shall be main-
tained, erected, used, or placed upon or adjacent
to the outside of any building where it is visible
from public streets or from adjacent buildings, or
premises, the purpose of which sign is intended
to attract, lure or entice customers. (Amended by
Ord. 71-73, App. 2/23/73)
SEC. 1060.17. REMOVAL OF SIGNS AND
PICTORIAL REPRESENTATION.
Any sign, or signs, or portions thereof, in
violation of Sections 1060.14 and 1060.15 shall
be removed within 60 days after the effective
date of this Article. (Amended by Ord. 71-73,
App. 2/23/73)
SEC. 1060.18. VISIBILITY FROM THE
STREET.
No operator of a place of entertainment shall
permit, or cause to be permitted, any entertain-
ment as defined in Section 1060(e) so that said
entertainment would be visible at any time from
the street, sidewalk or highway. (Added by Ord.
140-70, App. 5/28/70)
SEC. 1060.19. PERMIT FEE;
EXEMPTIONS.
The provisions of Section 1060.2 relating to a
permit fee shall not apply to any place of enter-
tainment used exclusively for any of the follow-
ing purposes:
(a) Places of entertainment that are oper-
ated by any public agency or by any educational,
recreational or social agency, or by any bona fide
611
Entertainment Regulations Permit and License Provisions
Sec. 1060.20.
fraternal, charitable, or religious or benevolent
or any other nonprofit organization having a
regular membership association primarily for
mutual social, mental, political and civic welfare,
to which admission is limited to members and
guests and revenue accruing therefrom to be
used exclusively for the benevolent purposes of
said organization and which organization or
agency is exempt from taxation under the Inter-
nal Revenue laws of the United States as a bona
fide fraternal, charitable, religious, benevolent
or nonprofit organization. (Added by Ord. 140-
70, App. 4/28/70)
SEC. 1060.20. SUSPENSION AND
REVOCATION.
(a) Any permit issued under the terms of
this Article may be suspended at any time by the
Entertainment Commission if the Entertain-
ment Commission determines after a noticed
public hearing that any of the following condi-
tions exist:
(1) The building, structure, equipment or
location of the proposed place of entertainment
does not comply with or fails to meet all of the
health, zoning, fire and safety requirements or
standards of all the laws of the State of Califor-
nia or ordinances of the City and County of San
Francisco applicable to such business operation;
or
(2) The establishment has been operated in
a manner that has harmed the public health,
safety or welfare by significantly increasing pe-
destrian traffic, the incidence of disorderly con-
duct, or the level of noise in the area in which the
premises are located, and the permittee has
failed, after being requested by the Police De-
partment or Entertainment Commission to do
so, to take reasonable steps to alleviate these
conditions, such as providing additional off-
street parking, security, soundproofing, restroom
facilities, or refuse containers; or
(3) The proprietor or person or persons in
charge thereof have violated, permitted the vio-
lation, or failed to take reasonable steps, after
being requested by the Police Department or
Entertainment Commission to do so, to halt
violations on the premises or in connection with
the operation of the establishment of any follow-
ing laws of the State of California: Penal code
Sections 266h, 266i, 315, 316, 330, 337a, 647(b);
Business and Professions Code Sections 23300,
25602, 25631, 25657, 25658; Health and Safety
Code Sections 11351, 11352, 11359, 11360, 11378,
11379, 11378.5, 11379.5; or, the proprietor or
persons in charge thereof have implemented,
maintained or permitted any admission or re-
lated policy or practice which violates Section
3305 of the San Francisco Police Code.
(4) The proprietor or persons in charge
thereof have violated or permitted the violation
of any other provision of this Article or of the
permit, on the premises or in connection with the
operation of the establishment.
(b) The penalty for the first violation under
Subsection (a) within a period of six months shall
be suspension of said permit for a period of 30
days. The penalty for the second violation within
a period of six months shall be suspension of said
permit for a period of 60 days. The penalty for
the third and subsequent violations within a
period of six months shall be suspension of said
permit for a period of 90 days. For the purposes
of this Subsection, calculation of the six months
shall not include any period of time during which
the permit was suspended.
(c) Any permit issued under the terms of
this Article may be revoked at any time by the
Entertainment Commission if the Entertain-
ment Commission determines after a noticed
public hearing that any of the following condi-
tions exist:
(1) The permittee has knowingly made any
false, misleading or fraudulent statement of ma-
terial fact in the application for a permit;
(2) The permittee has failed to pay any fee
or charge required under this Article; or
(3) The permittee has permanently ceased
operation of the business.
(d) A revocation pursuant to Subsection (c)
shall not prejudice the right of an applicant to
apply for a new permit.
Sec. 1060.20.
San Francisco - Police Code
612
(e) The Entertainment Commission may not
consider any request for emergency medical or
ambulance services to treat a permittee's pa-
trons as a basis for suspending a permit pursu-
ant to subdivision (a). (Added by Ord. 140-70,
App. 4/28/70; amended by Ord. 325-91, App.
9/4/91; Ord. 81-00, File No. 000390, App. 5/5/
2000; Ord. 164-02, File No. 020783, App. 7/26/
2002)
SEC. 1060.21. FORFEITURE OF FEE.
On revocation of the permit, no part of the
permit fee shall be returned, but the said permit
fee shall be forfeited to the City and County of
San Francisco. (Added by Ord. 140-70, App.
4/28/70)
SEC. 1060.22. LICENSE FEES.
Every permittee who conducts, permits or
assists in conducting or permitting any enter-
tainment as defined in Sections 1060 (b) and (c)
to be shown, staged, exhibited, or produced in or
upon any permitted premise shall pay to the Tax
Collector an annual license fee, payable in ad-
vance.
The license fee prescribed in this Section is
due and payable on a calendar year basis start-
ing 120 days after the effective date of this
Article, prorated with regard to the calendar
year on a monthly basis. Fees for new licenses
issued after the first day of January, 1971, or in
any subsequent calendar year shall be prorated
with regard to the calendar year on a monthly
basis. (Amended by Ord. 555-81, App. 11/12/81;
Ord. 165-93, App. 5/28/93)
SEC. 1060.23. LIMITED SUSPENSION.
Any permit issued under the terms of this
Article may be suspended for a period of 30 days
by the Entertainment Commission if the Enter-
tainment Commission determines after a noticed
hearing that violation of the regulations or any
provision of the Municipal Code has occurred.
(Added by Ord. 140-70, App. 4/28/70; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 1060.24. TRANSFER OF PERMIT.
No permit shall be transferable except with
the written consent of the Entertainment Com-
mission. An application for such a transfer shall
be in writing and shall be accompanied by the
same filing fee as for an initial application. The
written application for such transfer shall con-
tain the same information as requested herein
for an initial application for such a permit.
(Amended by Ord. 555-81, App. 11/12/81; Ord.
164-02, File No. 020783, App. 7/26/2002)
SEC. 1060.25. PENALTY.
Any person who violates any provisions of
this Article shall be deemed guilty of an infrac-
tion. Any person who violates this Article more
than once in a 12 month period shall be guilty of
an infraction or a misdemeanor, at the discretion
of the prosecutor. A violation which is an infrac-
tion is punishable by a fine of not more than
$100. A violation which is a misdemeanor is
punishable by a fine not to exceed $1000 or by
imprisonment in the County Jail for a period not
to exceed six months, or by both such fine and
imprisonment.
Additionally, any violation of the provisions
of this Article Section 3305 of Article 33 by a
permittee hereunder shall be deemed cause to or
to revoke or suspend a permit pursuant to Sees.
1060.20 and/or 1060.23 of this Article. (Amended
by Ord. 273-73, App. 7/6/73; Ord. 262-04, File No.
041148, App. 11/4/2004)
SEC. 1060.26. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article
or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the
remaining portions of this Code or any part
thereof. The Board of Supervisors hereby de-
clares that it would have passed each section,
subsection, subdivision, paragraph, sentence,
clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sub-
division paragraphs, sentences, clauses or phrases
613
Entertainment Regulations Permit and License Provisions
Sec. 1060.29.
be declared unconstitutional or invalid or inef-
fective. (Added by Ord. 140-70, App. 4/28/70)
SEC. 1060.27. TIME LIMIT FOR
OBTAINING PERMIT.
All premises required to obtain a permit and
license pursuant to this Article because of the
inclusion of recorded music presented by a live
disc jockey on the premises within the definition
of entertainment must obtain a permit within 90
days of the effective date of the amendments to
this Article; failure so to do shall make continued
operation of said place of entertainment a viola-
tion of Section 1060.25 hereof.
Permits must be obtained from the Entertain-
ment Commission as Sections 1060.1, 1060.2,
1060.3 and 1060.4 hereof provided. (Added by
Ord. 140-70, App. 4/28/70; amended by Ord.
325-91, App. 9/4/91; Ord. 164-02, File No. 020783,
App. 7/26/2002)
SEC. 1060.28. EARPLUGS AND FREE
DRINKING WATER.
If the location for which the place of enter-
tainment permit is issued holds over 500 persons
and contains a dance floor or other place prima-
rily designated for dancing, the permit holder
shall provide:
(a) Free cool drinking water to patrons by
means of an automatic drinking fountain or by
providing cups of water at all beverage service
locations, or both; and
(b) Earplugs for free, or for sale on the
premises at a reasonable price. (Added by Ord.
176-00, File No. 000477, App. 7/28/2000; amended
by Ord. 215-02, File No. 021459, App. 11/1/2002)
SEC. 1060.29.
PERMIT.
ONE NIGHT EVENT
(a) It shall be unlawful for any person with-
out a valid Place of Entertainment permit to
conduct, promote, or sponsor or to cause or to
permit to be conducted, promoted, or sponsored
any one night occurrence of "entertainment" as
defined by this Article without first obtaining a
One Night Event permit from the Entertainment
Commission.
(b) Any place or premises for which a per-
mit to operate a one night event is sought must
conform to all existing health, safety, zoning and
fire ordinances of the City and County of San
Francisco; must have a valid public eating place
permit from the Department of Public Health,
and is subject to all other requirements of this
Article. The Entertainment Commission may
issue a permit under this Section conditional
upon the applicant receiving the other required
permits.
(c) Every person desiring a permit pursuant
to this Article shall file an application with the
Entertainment Commission upon a form pro-
vided by the Entertainment Commission and
shall pay a filing fee. Every application for a
permit under this Article shall be verified as
provided in the California Code of Civil Proce-
dure for the verification of pleadings.
(d) Any place or premises where a one night
event is to be held must have a Security Plan.
Proof of such shall be provided by permit appli-
cant at the time of application for a one night
event permit.
(e) The Entertainment Commission shall
grant a permit pursuant to this Article unless it
finds that:
(i) The building, structure, equipment or
location of the proposed one night event does not
comply with or fails to meet all of the health,
zoning, fire and safety requirements or stan-
dards of all the laws of the State of California or
ordinances of the City and County of San Fran-
cisco applicable to such business operation; or
(ii) The building, structure, equipment or
location of the proposed one night event cannot
adequately accommodate the type and volume of
vehicle and pedestrian traffic anticipated; or
(hi) The building, structure, equipment or
location of the proposed one night event lack
adequate safeguards to prevent emissions of
noise, glare, dust and odor that substantially
interfere with the public health, safety and wel-
fare or the peaceful enjoyment of neighboring
property.
Sec. 1060.29. San Francisco - Police Code 614
(iv) The building, structure, or location of
the proposed one night event does not have an
adequate security plan as required by this Sec-
tion.
(f) An applicant whose application for a
permit has been denied pursuant to this Section
may appeal to the Board of Permit Appeals. The
applicant is required to exhaust his or her ad-
ministrative remedies before the Board of Ap-
peals. (Added by Ord. 262-04, File No. 041148,
App. 11/4/2004)
[The next page is 621]
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
Sec. 1070. Definitions.
Sec. 1070.1. Permit Required.
Sec. 1070.1-1. License Fees.
Sec. 1070.2. Filing.
Sec. 1070.3. Application Form.
Sec. 1070.4. Verification of Application.
Sec. 1070.5. Determination of Application.
Sec. 1070.6. Private Club.
Sec. 1070.7.1. Solicitation of Drinks or
Merchandise.
Sec. 1070.8. Solicitation of Trade.
Sec. 1070.9. Procurement.
Sec. 1070.10. Attire.
Sec. 1070.11. Lighting.
Sec. 1070.12. Miscellaneous Rules.
Sec. 1070.13. Booths.
Sec. 1070.14. Police; Inspection.
Sec. 1070.15. Noise Abatement.
Sec. 1070.16. Minors.
Sec. 1070.17. Suspension and Revocation.
Sec. 1070.18. Forfeiture of Fee.
Sec. 1070.19. Exceptions.
Sec. 1070.20. Limited Suspension.
Sec. 1070.20-1. License Fees.
Sec. 1070.21. Stay Orders.
Sec. 1070.22. Transfer of Permit.
Sec. 1070.23. Permit Required.
Sec. 1070.24. Penalty.
Sec. 1070.25. Severability.
Sec. 1070.26. Moratorium on the Granting of
Permits.
Sec. 1070.27. Earplugs and Free Drinking
Water.
SEC. 1070. DEFINITIONS.
For the purpose of this Article, the following
words and phrases shall mean and include:
(a) Extended-Hours Premises. Every pre-
mises to which patrons or members are admitted
or which allows patrons or members to remain
on the premises between the hours of 2:00 a.m.
and 6:00 a.m. which serves food, beverages, or
food and beverages, including but not limited to,
alcoholic beverages, for consumption on the pre-
mises or wherein entertainment as defined in
Subsections (b) and (c) is furnished or occurs
upon the premises.
(1) Dance Academies. An extended-hours
premises shall also include a dance academy
wherein students are admitted between the hours
of 2:00 a.m. and 6:00 a.m., and instruction is
given in ballroom or other types of dancing,
whether given to the students in groups or
individually.
(b) Entertainment. Any act, play, review,
pantomime, scene, song, dance act, song and
dance act, or poetry recitation, conducted or
participated in by any professional entertainer
in or upon any premises to which patrons or
members are admitted. "Entertainment" also
includes a fashion or style show, except when
conducted by a bona fide nonprofit club or orga-
nization as part of the social activities of such
club or organization, and when conducted solely
as a fund-raising activity for charitable pur-
poses. (The term "professional entertainer" as
used herein means a person or persons who
engage in the presentation of entertainment for
livelihood or gain.)
"Entertainment," in addition, is defined to
mean and include the playing upon or use of any
instrument that is capable of or can be used to
produce musical sounds or percussion sounds,
including but not limited to, reed, brass, percus-
sion or string-like instruments; provided, fur-
ther, that "entertainment" is defined to mean
any instrument or device capable of producing or
reproducing sound, which device is located in a
premises open between the hours of 2:00 a.m.
and 6:00 a.m.
(c) Informal Entertainment. Any act, play,
review, pantomime, scene, song, dance act, song
and dance act, or poetry recitation, conducted or
621
Sec. 1070.
San Francisco - Police Code
622
participated in by any nonprofessional person or
persons in or upon any premises to which pa-
trons or members are admitted.
(d) Person. An individual, firm, partner-
ship, joint venture, association, social club, fra-
ternal organization, joint stock company, corpo-
ration, estate, trust, business trust, receiver,
syndicate, or any other group or combination
acting as a unit excepting the United States of
America, the State of California, and any politi-
cal subdivision of either thereof.
(e) Operator. Any person operating an ex-
tended-hours premises in the City and County of
San Francisco, including, but not limited to, the
owner or proprietor of such premises, lessee,
sublessee, mortgagee in possession, licensee or
any other person operating such place of enter-
tainment or amusement.
(f) Bona Fide Nonprofit Club or Orga-
nization. Any fraternal, charitable, religious or
benevolent, or any other nonprofit organization
having a regular membership association prima-
rily for mutual social, mental, political and civil
welfare, to which admission is limited to mem-
bers and guests and revenue accruing therefrom
to be used exclusively for the benevolent purpose
of said organization and which organization or
agency is exempt from taxation under the Inter-
nal Revenue laws of the United States as a bona
fide fraternal, charitable, religious, benevolent
or nonprofit organization.
(g) Admission Charge. Any charge for the
right or privilege to enter any extended-hours
premises including a minimum service charge, a
cover charge or a charge made for the use of
seats and tables, reserved and otherwise.
(h) Tax Collector. Tax Collector of the City
and County of San Francisco.
(i) "Bona Fide Public Eating Place." A
place which is regularly and in bona fide manner
used and kept open for the serving of meals to
guests for compensation and which has suitable
kitchen facilities connected therewith, contain-
ing conveniences for cooking an assortment of
foods which may be required for ordinary meals,
the kitchen of which must be kept in a sanitary
condition with the proper amount of refrigera-
tion for keeping of food on said premises and
must comply with all the regulations of the
Department of Public Health. "Meals" means the
usual assortment of foods commonly ordered at
various hours of the day; the service of such food
and victuals only as sandwiches or salads shall
not be deemed a compliance with this require-
ment. "Guests" shall mean persons who, during
the hours when meals are regularly served therein,
come to a bona fide public eating place for the
purpose of obtaining, and actually order and
obtain at such time, in good faith, a meal therein.
Nothing in this Section, however, shall be con-
strued to require that any food be sold or pur-
chased with any beverage. (Amended by Ord.
229-74, App. 5/16/74; Ord. 192-89, App. 6/5/89;
Ord. 76-98, App. 3/6/98)
SEC. 1070.1. PERMIT REQUIRED.
It shall be unlawful for any person to own,
conduct, operate, maintain or to participate
therein, or to cause or permit to be conducted,
operated or maintained, any extended-hours pre-
mises in the City and County of San Francisco
without first having obtained a permit from the
Entertainment Commission.
Any place or premises where a permit to
operate is sought must conform to all existing
health, safety, and fire ordinances of the City and
County of San Francisco, and must have a valid
public eating place permit from the Department
of Public Health. The Entertainment Commis-
sion may issue a permit under this Section
conditional upon the applicant receiving the other
required permits.
Any permit granted by the Entertainment
Commission conditional upon the applicant re-
ceiving other required permits may be appealed
to the Board of Appeals. Such appeal must be
filed within 10 days of the final decision of the
Entertainment Commission issuing the condi-
tional permit.
Any conditional permit granted by the Enter-
tainment Commission will expire nine months
from the date of the final decision of the Enter-
tainment Commission, if all the other required
permits have not been received. (Amended by
Ord. 284-80, App. 6/17/80; Ord. 76-98, App. 3/6/
98; Ord. 164-02, File No. 020783, App. 7/26/2002)
623
Entertainment Regulations for Extended-Hours Premises
Sec. 1070.3.
SEC. 1070.1-1. LICENSE FEES.
Every person granted an extended hours
premises permit by the Entertainment Commis-
sion under this Article shall pay to the Tax
Collector an annual license fee, payable in ad-
vance.
The license fee prescribed in this Section is
due and payable on a calendar year basis, start-
ing January 1st of each year. Fees for new
permits issued after the first day of January of a
particular year shall be prorated with regard to
the calendar year on a monthly basis. The amount
of the license fee for the 2005-2006 fiscal year
shall be as set forth in Section 2.27 of this Code,
and such amount shall be adjusted for inflation
commencing with the 2006-2007 fiscal year, and
annually thereafter, in accordance with Section
2.31 of this Code. (Added by Ord. 193-05, File No.
051027, App. 7/29/2005)
SEC. 1070.2. FILING.
Every person desiring a permit pursuant to
this Article shall file an application with the
Entertainment Commission upon a form pro-
vided by the Entertainment Commission and
shall pay a filing fee. (Added by Ord. 555-81,
App. 11/12/81; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1070.3. APPLICATION FORM.
Operators under any permit issued pursuant
to this Article shall be limited to the terms of the
application. Except as otherwise provided herein,
an application for a permit pursuant to the
provisions of this Article shall specify:
(a) The address of the location for which the
permit is required, together with the business
name of such location.
(b) The name and proposed business ad-
dress of the applicant. If the applicant is a
corporation, the name of the corporation shall be
set forth exactly as shown in its articles of
incorporation; and the applicant shall also set
forth the date and place of incorporation; the
names and residence addresses of each of the
officers, directors, and each stockholder owning
more than 10 percent of the stock of the corpo-
ration. If the applicant is a partnership, the
application shall set forth the name and resi-
dence address of each of the partners, including
limited partners. If one or more of the partners is
a corporation, the provisions of this Section per-
taining to a corporate applicant apply.
(c) Whether or not the applicant or any
officer or director or member of applicant, as the
case may be, has ever been convicted of any
crime except misdemeanor traffic violations. In
addition to the foregoing, any corporate appli-
cant shall state whether or not any stockholder
owning more than 10 percent of the stock of such
corporation has ever been convicted of any crime
except misdemeanor traffic violations. If any
person mentioned in this subsection has been so
convicted, a statement must be made giving the
name of the person so convicted, the place and
court in which the conviction was had, the spe-
cific charge under which the conviction was
obtained, and the sentence imposed as the result
of said conviction.
(d) The names and addresses of the persons
who have authority or control over the place for
which the permit is requested, and brief state-
ment of the nature and extent of such authority
and control.
(e) Such information pertinent to the opera-
tion of the proposed activity, including informa-
tion as to management, authority, control, finan-
cial agreements, and lease arrangements, that is
reasonably related to the factual determinations
this ordinance empowers the Chief to make in
reviewing and acting upon permit applications
as the Chief of Police may require of an applicant
in addition to the other requirements of this
Section. The foregoing examples are in explana-
tion and not in limitation of the information
which the Entertainment Commission may re-
quire.
(f) A business plan for the proposed extended-
hours premises, specifying the days and hours of
operation, the number of patrons, the numbers
of employees and their duties, the identity of the
manager or managers who shall be on premises
during all hours of operation, the types or classes
of entertainment (in terms of the types of instru-
Sec. 1070.3.
San Francisco - Police Code
624
ments, numbers of performers and sound levels)
to be provided, and the amount of parking, both
on-site and off-site, to be provided. If sound
amplification is to be used, the plan shall also
include a specific description of the amplification
system.
(g) The address to which notice, when re-
quired, is to be sent or mailed, and the name and
address of a person authorized to accept service
of process, if not otherwise set forth herein.
(h) Whether the application is for a new
permit or for the renewal of an existing permit.
(i) The Entertainment Commission may re-
quire further information as he or she deems
necessary. (Added by Ord. 252-70, App. 7/23/70;
amended by Ord. 325-91, App. 9/4/91; Ord. 76-98,
App. 3/6/98; Ord. 164-02, File No. 020783, App.
7/26/2002)
SEC. 1070.4. VERIFICATION OF
APPLICATION.
Every application for a permit under this
Article shall be verified as provided in the Cali-
fornia Code of Civil Procedure for the verification
of pleadings. (Added by Ord. 252-70, App. 7/23/
70)
SEC. 1070.5. DETERMINATION OF
APPLICATION.
(a) When an application is filed for a new
permit under this Article, the Entertainment
Commission shall fix a time and place for a
public hearing thereon to determine whether
issuance of the permit would result in any of the
conditions set forth in Subsection (e). The hear-
ing must be held within 45 working days of the
date the completed application is received.
(b) At the time of filing of an application,
the applicant shall notify the Entertainment
Commission of any outstanding requests for per-
mits or approvals from other City departments
relating to the premises of the proposed extended-
hours premises. The Entertainment Commission
shall notify those departments of the filing of the
application. Those departments shall complete
all necessary inspections and report their deter-
minations to the Entertainment Commission
within 20 working days of the filing of the
application.
(c) Not less than 30 days before the date of
such hearing, the Entertainment Commission
shall cause to be posted a notice of such hearing
in a conspicuous place on the property in which
or on which the proposed extended-hours pre-
mises is to be operated. Such notice shall set
forth the specific type of entertainment which
the applicant intends to conduct. Such posting of
notice shall be carried out by the Entertainment
Commission, and the applicant shall maintain
said notice as posted the required number of
days. Notice of such hearing shall be mailed by
the Chief of Police at least 30 days prior to the
date of such hearing to any person who has filed
a written request for such notice.
(d) At the hearing, the applicant and any
other interested party, including the Police De-
partment or any other public agency, shall be
allowed to introduce evidence and present argu-
ment. The Entertainment Commission shall make
a final decision upon the application at a public
hearing, and shall notify the applicant, and any
other interested party who has made a written
request, of the final decision by first class mail.
(e) No time limit shall commence running
until the submission of a completed application.
Upon the applicant's request, the Entertainment
Commission shall continue the hearing to allow
the applicant opportunity to comply with the
requirements of this Article or any other State or
local law. Upon the applicant's request, the En-
tertainment Commission shall also issue a con-
ditional approval of the permit application, pend-
ing approval of the permit by other City agencies,
if sufficient information has been provided to
allow for adequate evaluation of the proposal
and if grounds for denial, as set forth in Subsec-
tion (f), are not present.
(f) The Entertainment Commission shall
grant a permit pursuant to this Article unless he
or she finds that:
(i) The building, structure, equipment or
location of the proposed place of entertainment
does not comply with or fails to meet all of the
625
Entertainment Regulations for Extended-Hours Premises
Sec. 1070.12.
health, zoning fire and safety requirements or
standards of all the laws of the State of Califor-
nia or ordinances of the City and County of San
Francisco applicable to such business operation;
or
(ii) The building, structure, equipment or
location of the proposed extended-hours pre-
mises cannot adequately accommodate the type
and volume of vehicle and pedestrian traffic
anticipated; or
(iii) The building, structure, equipment or
location of the proposed extended-hours pre-
mises lack adequate safeguards to prevent emis-
sions of noise, glare, dust and odor that substan-
tially interfere with the public health, safety and
welfare or the peaceful enjoyment of neighboring
property.
(g) An applicant whose application for a
permit has been denied pursuant to this Section
may seek immediate judicial review pursuant to
Code of Civil Procedure Section 1085 or Section
1094.5. The applicant is not required to exhaust
his or her administrative remedies before the
Board of Appeals. (Added by Ord. 252-70, App.
7/23/70; amended by Ord. 325-91, App. 9/4/91;
Ord. 76-98, App. 3/6/98; Ord. 164-02, File No.
020783, App. 7/26/2002; Ord. 216-02, File No.
021460, App. 11/1/2002)
SEC. 1070.6. PRIVATE CLUB.
No establishment licensed pursuant to this
Article may allow the premises to be used solely
for the purpose of conducting a private club
between the hours of 2:00 a.m. and 6:00 a.m.
(Added by Ord. 252-70, App. 7/23/70)
SEC. 1070.7. SOLICITATION OF DRINKS
OR MERCHANDISE.
(a) No operator of an extended-hours pre-
mises shall employ or permit any hostess, enter-
tainer, or person to solicit any patron or cus-
tomer of or visitor in said extended-hours premises
to purchase any beverage or merchandise for the
one soliciting or for any other person.
(b) No operator of an extended-hours pre-
mises shall employ any hostess or entertainer for
the purpose of procuring or encouraging the
purchase or sale of beverages or merchandise, or
pay any such hostess or entertainer a percentage
or commission on the sale of beverages or mer-
chandise for procuring or encouraging the pur-
chase or sale of beverages or merchandise on
said premises. (Amended by Ord. 306-73, App.
8/6/73; Ord. 76-98, App. 3/6/98)
SEC. 1070.8. SOLICITATION OF TRADE.
No operator of an extended-hours premises
shall permit or allow or cause any employee of
the extended-hours premises to solicit by per-
sonal solicitation or otherwise, or by means of
any device whereby the voice of the person
soliciting can be heard at or near such entrance.
(Added by Ord. 252-70, App. 7/23/70; amended
by Ord. 76-98, App. 3/6/98)
SEC. 1070.9. PROCUREMENT.
No person shall permit, procure, counsel, or
assist any person to expose himself or herself.
(Added by Ord. 252-70, App. 7/23/70)
SEC. 1070.10. ATTIRE.
No person shall enter, be, or remain in any
establishment licensed pursuant to this Article
or required to be licensed pursuant to this Ar-
ticle, except when attired in such a manner that
the pubic area, private parts, the crease of the
buttocks are completely covered and are not
visible to the human eye. (Added by Ord. 252-70,
App. 7/23/70)
SEC. 1070.11. LIGHTING.
Every establishment licensed pursuant to
this Article shall be lighted throughout an inten-
sity of not less than 12 footcandles during all
hours of operation. (Added by Ord. 252-70, App.
7/23/70)
SEC. 1070.12. MISCELLANEOUS RULES.
No professional entertainer or employee may
dance, unnecessarily converse, or associate with
any customer on the premises in any extended-
hours premises; provided, however, that a regu-
larly scheduled audience participation type of
entertainment may be presented during the time
slated and in the manner described in an adver-
Sec. 1070.12.
San Francisco - Police Code
626
tisement posted in a regularly printed program.
Provided, further, that a copy of said advertise-
ment shall be received by the Entertainment
Commission 24 hours prior to the conducting of
said audience participation entertainment. (Added
by Ord. 252-70, App. 7/23/70; amended by Ord.
76-98, App. 3/6/98; Ord. 164-02, File No. 020783,
App. 7/26/2002)
SEC. 1070.13. BOOTHS.
It shall be unlawful for any person operating
an extended-hours premises under the provi-
sions of this Article, in the City and County of
San Francisco, or any agent, employee or repre-
sentative thereof, to erect, construct, maintain,
or cause or permit to be erected, constructed or
maintained, within such extended-hours pre-
mises any private rooms, booths, enclosures or
compartments, or any closed stalls, or any al-
coves of any nature, so arranged that the inner
portion of the same shall not at all times be
visible from any point in the extended-hours
premises where such rooms, booths, enclosures,
compartments, stalls, or alcoves should be rea-
sonably within view. (Added by Ord. 252-70, App.
7/23/70; amended by Ord. 76-98, App. 3/6/98)
SEC. 1070.14. POLICE; INSPECTION.
The Police Department, in addition to its
several other duties, shall inspect any and all
establishments licensed pursuant to this Article.
(Added by Ord. 252-70, App. 7/23/70)
SEC. 1070.15. NOISE ABATEMENT.
Whenever, upon due notice and hearing, it
shall be determined that noise from any estab-
lishment licensed under this Article interfered
with the right of persons dwelling in the vicinity
of such establishment to the peaceful and quiet
use and enjoyment of their property, the Enter-
tainment Commission may require that the pre-
mises be soundproofed in a manner that in the
judgment of the Entertainment Commission will
be effective to eliminate the noise or reduce it to
a reasonable level. In taking any action under
this Section, the Entertainment Commission must
balance all of the interests of the respective
parties, as well as the hardship which will result
from any order, if the Entertainment Commis-
sion finds that the noise complained of is of a
minimum or unconsequential degree, no action
shall be taken under this Article. If a licensee
fails, within a reasonable time and in no event
more than 60 days after having been ordered to
do so pursuant to this Article, to take such steps
as were ordered to abate any noise, his license
shall be suspended after a second hearing, due
notice of which is given, until such time as he
complies with the order. (Added by Ord. 252-70,
App. 7/23/70; amended by Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1070.16. MINORS.
Except as provided in this Section, no person
under 21 years of age shall enter, be, or remain
in or on any premises operated as an extended-
hours premises. A licensee shall not permit such
a person to enter, be, or remain in or on any such
premises except on Friday and Saturday nights
there shall be a one-half hour grace period, until
2:30 a.m., for the departure from extended-hours
premises of persons 18 to 21 years of age. (Added
by Ord. 252-70, App. 7/23/70; amended by Ord.
192-89, App. 6/5/89; Ord. 76-98, App. 3/6/98)
SEC. 1070.17. SUSPENSION AND
REVOCATION.
(a) Any permit issued under the terms of
this Article may be suspended at any time by the
Entertainment Commission if the Entertain-
ment Commission determines after a noticed
public hearing that any of the following condi-
tions exist:
(1) The building, structure, equipment or
location of the proposed extended-hours pre-
mises does not comply with or fails to meet all of
the health, zoning, fire and safety requirements
or standards of all the laws of the State of
California or ordinances of the City and County
of San Francisco applicable to such business
operation; or
(2) The establishment has been operated in
a manner that has harmed the public health,
safety or welfare by significantly increasing pe-
destrian traffic, the incidence of disorderly con-
duct, or the level of noise in the area in which the
627
Entertainment Regulations for Extended-Hours Premises
Sec. 1070.19.
premises are located, and the permittee has
failed, after being requested by the Police De-
partment or Entertainment Commission to do
so, to take reasonable steps to alleviate these
conditions, such as providing additional off-
street parking, security, soundproofing, restroom
facilities, or refuse containers; or
(3) The proprietor or persons in charge
thereof have violated, permitted the violation, or
failed to take reasonable steps, after being re-
quested by the Police Department or Entertain-
ment Commission to do so, to halt violations on
the premises or in connection with the operation
of the establishment, of any following laws of the
State of California: Penal Code Sections 266h,
266i, 315, 316, 330, 337a, 657(b); Business and
Professions Code Sections 23300, 25602, 25631,
25657, 25658; Health and Safety Code Sections
11351, 11352, 11359, 11360, 11378, 11379, 11378.5,
11379.5; or, the proprietor or persons in charge
thereof have implemented, maintained or per-
mitted any admission or related policy or prac-
tice which violates Section 3305 of the San
Francisco Police Code.
(4) The proprietor or persons in charge
thereof have violated or permitted the violation
of any other provision of this Article or of the
permit, on the premises or in connection with the
operation of the establishment.
(b) The penalty for the first violation under
Subsection (a) within a period of six months shall
be suspension of said permit for a period of 30
days. The penalty for the second violation within
a period of six months shall be suspension of said
permit for a period of 60 days. The penalty for
the third and subsequent violations within a
period of six months shall be suspension of said
permit for a period of 90 days. For the purposes
of this Subsection, calculation of the six months
shall not include any period of time during which
the permit was suspended.
(c) Any permit issued under the terms of
this Article may be revoked at any time by the
Entertainment Commission if it determines af-
ter a noticed public hearing that any of the
following conditions exist:
(1) The permittee has knowingly made any
false, misleading or fraudulent statement of ma-
terial fact in the application for a permit;
(2) The permittee has failed to pay any fee
or charge required under this Article; or
(3) The permittee has permanently ceased
operation of the business.
(d) A revocation pursuant to Subsection (c)
shall not prejudice the right of an applicant to
apply for a new permit.
(e) The Entertainment Commission may not
consider any request for emergency medical or
ambulance services to treat a permittee's pa-
trons as a basis for suspending a permit pursu-
ant to subdivision (a). (Added by Ord. 252-70,
App. 7/23/70; amended by Ord. 325-91, App.
9/4/91; Ord. 76-98, App. 3/6/98; Ord. 81-00, File
No. 000390, App. 5/5/2000; Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1070.18. FORFEITURE OF FEE.
On revocation of the permit, no part of the
permit fee shall be returned, but the said permit
fee shall be forfeited to the City and County of
San Francisco. (Added by Ord. 252-70, App.
7/23/70)
SEC. 1070.19. EXCEPTIONS.
(a) The Entertainment Commission may
grant an exception to an extended-hours pre-
mises as defined herein from the provisions of
Sections 1070.11, 1070.13 and 1070.16 relating
to lighting of the premises, booths and minors
being on the premises if the Entertainment Com-
mission shall find that the extended-hours pre-
mises is used exclusively for any of the following
purposes:
(1) A bona fide public eating place as de-
fined herein to which a public eating place per-
mit has been issued by the Department of Public
Health.
(2) A place of entertainment that has no
liquor license.
(3) An extended-hours premises that is op-
erated by any public agency or by any educa-
tional, recreational or social agency, or by any
bona fide fraternal, charitable, or religious or
benevolent or any other nonprofit organization
having a regular membership association prima-
rily for mutual social, mental, political and civic
Sec. 1070.19.
San Francisco - Police Code
628
welfare, to which admission is limited to mem-
bers and guests and revenue accruing therefrom
is used exclusively for the benevolent purposes of
said organization and which organization or
agency is exempt from taxation under the Inter-
nal Revenue laws of the United States as a bona
fide fraternal, charitable, religious, benevolent
or nonprofit organization.
(b) Any determination as to the exception
status of any applicant pursuant to this Section
shall be made by the Entertainment Commis-
sion.
(c) A decision by the Entertainment Com-
mission denying the exception from the regula-
tions shall be final except that an appeal there-
from may be taken within 10 days to the Board of
Review created by Ordinance No. 245-68. The
Board of Review will consist of the Director of
Administrative Services, the Controller and As-
sessor-Recorder. Any member of the Board may
deputize in writing, filed with the Board, any
member of his office to serve in his place on such
Board or in such hearing as he may desire. A
majority of the members of the Board shall
constitute a quorum.
(d) The Board, in addition to its several
other duties, shall have the power and it shall be
its duty to hear and determine appeals from the
decisions of the Entertainment Commission made
upon petition for an exception from the regula-
tions. The Board may affirm or reverse such
decision by the Entertainment Commission or
dismiss the appeals therefrom as may be just,
and shall prescribe such forms, rules and regu-
lations relating to appeals as it may deem nec-
essary. In the review of the decision by the
Entertainment Commission the Board may take
such evidence and make such investigation as it
may deem necessary. It shall give notice of its
determinations in writing to the petitioner and
shall file a copy of each determination with the
Entertainment Commission. The determination
shall become final 10 days thereafter. If the
Board of Review concurs with the determination
of the Entertainment Commission, the regula-
tions shall become effective as an order or deci-
sion of the Entertainment Commission. If the
Board of Review overrules the order or decision
of the Entertainment Commission, the regula-
tions shall not be enforced by the Entertainment
Commission. (Added by Ord. 252-70, App. 7/23/
70; amended by Ord. 76-98, App. 3/6/98; Ord.
164-02, File No. 020783, App. 7/26/2002; Ord.
47-04, File No. 032029, App. 4/1/2004)
SEC. 1070.20. LIMITED SUSPENSION.
Any permit issued under the terms of this
Article may be suspended for a period of 30 days
by the Entertainment Commission if the Enter-
tainment Commission determines after a noticed
hearing that violation of the regulations or any
provisions of the Municipal Code has occurred.
(Added by Ord. 252-70, App. 7/23/70; amended
by Ord. 164-02, File No. 020783, App. 7/26/2002)
SEC. 1070.20-1. LICENSE FEES.
Every permittee who conducts, permits or
assists in conducting or permitting any extended-
hours premises as defined, shall pay to the Tax
Collector an annual license fee, payable in ad-
vance.
The license fee prescribed in this Section is
due and payable on a calendar year basis start-
ing 90 days after the effective date of this Article,
prorated with regard to the calendar year on a
monthly basis. Fees for new licenses issued after
the first day of January, 1971, or in any subse-
quent calendar year shall be prorated with re-
gard to the calendar year on a monthly basis.
(Amended by Ord. 555-81, App. 11/12/81; Ord.
76-98, App. 3/6/98)
SEC. 1070.21. STAY ORDERS.
Notwithstanding Section 8, Part III, of the
San Francisco Municipal Code, the action of the
Entertainment Commission in suspending a per-
mit for a period not to exceed 30 days shall not be
suspended by an appeal to the Board of Appeals.
(Added by Ord. 252-70, App. 7/23/70; amended
by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No.
020783, App. 7/26/2002)
SEC. 1070.22. TRANSFER OF PERMIT.
No permit shall be transferable except with
the written consent of the Entertainment Com-
629
Entertainment Regulations for Extended-Hours Premises
Sec. 1070.27.
mission. An application for such a transfer shall
be in writing and shall be accompanied by the
same filing fee as for an initial application. The
written application for such transfer shall con-
tain the same information as requested herein
for an initial application for such a permit.
(Amended by Ord. 555-81, App. 11/12/81; Ord.
164-02, File No. 020783, App. 7/26/2002)
SEC. 1070.23. PERMIT REQUIRED.
All premises operating as an extended-hours
premises as defined in Section 1070(a) herein are
required to conform with all provisions con-
tained in Sections 1070 through 1070.17 of this
Article within 90 days of the effective date thereof,
unless excepted pursuant to Section 1070.19;
failure so to do shall make continued operation of
said extended-hours premises establishment a
violation of Section 1070.24 hereof.
New permits must be obtained from the
Entertainment Commission as Sections 1070.1,
1070.2, 1070.3 and 1070.4 hereof provide. (Added
by Ord. 252-70, App. 7/23/70; amended by Ord.
76-98, App. 3/6/98; Ord. 164-02, File No. 020783,
App. 7/26/2002)
SEC. 1070.24. PENALTY.
Any person who violates any provisions of
this Article shall be deemed guilty of a misde-
meanor and upon conviction such person shall be
punished by a fine of not to exceed $1,000 or by
imprisonment in the County Jail for a period not
to exceed six months, or by both such fine and
imprisonment. (Added by Ord. 251-70, App. 7/23/
70)
SEC. 1070.25. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article
or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the
remaining portions of this Article or any part
thereof. The Board of Supervisors hereby de-
clares that it would have passed each section,
subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sub-
divisions, paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid
or ineffective. (Added by Ord. 252-70, App. 7/23/
70)
SEC. 1070.26. MORATORIUM ON THE
GRANTING OF PERMITS.
Notwithstanding any provision of this Code,
neither the Chief of Police, nor the Board of
Appeals on appeal, shall grant or issue to any
person a permit to own, conduct, operate, main-
tain or to participate therein, or to cause or
permit to be conducted, operated or maintained,
any extended-hours premises in the Moratorium
Area described below in Subsection (a).
(a) Moratorium Area Described. The
"Moratorium Area" includes the area bounded by
Bush Street to the North, O'Farrell Street to the
South, Taylor Street to the East, and Van Ness
Avenue to the West, including the properties
fronting on each side of O'Farrell, Bush, and
Taylor Streets, but not including the properties
fronting Van Ness Avenue.
(b) Sunset Provision. The moratorium pro-
vided by this ordinance shall expire on December
31, 2000 unless repealed or further extended by
ordinance. (Added by Ord. 75-98, App. 3/6/98;
amended by Ord. 217-00, File No. 001313, App.
9/8/2000)
SEC. 1070.27. EARPLUGS AND FREE
DRINKING WATER.
If the location for which the extended hours
premises permit is issued holds over 500 persons
and contains a dance floor or other place prima-
rily designated for dancing, the permit holder
shall provide:
(a) Free cool drinking water to patrons by
means of an automatic drinking fountain or by
providing cups of water at all beverage service
locations, or both; and
(b) Earplugs for free, or for sale on the
premises at a reasonable price. (Added by Ord.
176-00, File No. 000477, App. 7/28/2000; amended
by Ord. 215-02, File No. 021459, App. 11/1/2002)
Sec. 1070.27. San Francisco - Police Code 630
[The next page is 643]
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
Sec. 1071. Definition.
Sec. 1071.1. Prohibition.
Sec. 1071.2. Employment or Payment Not
Necessary For Offense.
Sec. 1071.3. Counseling or Assisting.
Sec. 1071.4. Exceptions.
Sec. 1071.5. Severability.
Sec. 1071.6. Penalty.
SEC. 1071. DEFINITION.
For the purpose of this Article, the following
words and phrases shall mean and include:
(a) Theater. A building, playhouse, room,
hall or other place having a permanent stage
upon which movable scenery and theatrical or
vaudeville or similar performances are given,
with permanently affixed seats so arranged that
a body of spectators can have an unobstructed
view of the stage, whose primary function is to
give such performance. (Added by Ord. 260-73,
App. 7/5/73)
SEC. 1071.1. PROHIBITION.
Every person is guilty of a misdemeanor who,
while acting as a waiter, waitress or entertainer
in an establishment which serves food, bever-
ages, or food and beverages, including but not
limited to, alcoholic beverages; (a) exposes his or
her genitals, pubic hair, buttocks, natal cleft,
perineum, anal region or pubic hair region; or (b)
exposes or employs any device, costume or cover
which gives the appearance of or simulates the
genitals, pubic hair, buttocks, natal cleft,
perineum, anal region or pubic hair region; or (c)
exposes any portion of the female breast at or
below the areola thereof; or (d) employs any
device or covering which is intended to simulate
such portion of the breast. (Added by Ord. 260-
73, App. 7/5/73)
SEC. 1071.2. EMPLOYMENT OR
PAYMENT NOT NECESSARY FOR
OFFENSE.
A person shall be deemed to be a waiter,
waitress, or entertainer if such person acts in
that capacity without regard to whether or not
such person is paid any compensation by the
management of the establishment in which the
activity is performed. (Added by Ord. 260-73,
App. 7/5/73)
SEC. 1071.3. COUNSELING OR
ASSISTING.
Every person is guilty of a misdemeanor who
permits, counsels, or assists any person to vio-
late any provision of this Article. (Added by Ord.
260-73, App. 7/5/73)
SEC. 1071.4. EXCEPTIONS.
This Article does not apply to: (a) a theater,
concert hall, or similar establishment which is
primarily devoted to theatrical performances; (b)
any act authorized or prohibited by any state
statute; (c) entertainment as defined in Section
1060(e), Article 15.1 of this Code, and as regu-
lated by Section 1060.9.1 of said Code. (Added by
Ord. 260-73, App. 7/5/73)
SEC. 1071.5. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article,
or application thereof to any person or circum-
stances, is for any reason held to be unconstitu-
tional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not
affect the validity or effectiveness of the remain-
ing portions of this ordinance or any part thereof.
The Board of Supervisors hereby declares that it
would have passed each section, subsection, sub-
division, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, para-
graphs, sentences, clauses or phrases be de-
clared unconstitutional or invalid or ineffective.
(Added by Ord. 260-73, App. 7/5/73)
SEC. 1071.6. PENALTY.
A violation of this Article is punishable by a
fine not exceeding $500 or by imprisonment in
643
Sec. 1071.6. San Francisco - Police Code 644
the County Jail for not exceeding six months, or
by both such fine and imprisonment. (Added by
Ord. 260-73, App. 7/5/73)
[The next page is 651]
ARTICLE 15.4: ENCOUNTER STUDIOS
Sec. 1072.1.
Sec. 1072.2.
Sec. 1072.3.
Sec. 1072.4.
Sec. 1072.5.
Sec. 1072.6.
Sec. 1072.7.
Sec. 1072.8.
Sec. 1072.9.
Sec. 1072.10.
Sec. 1072.11.
Sec. 1072.12.
Sec. 1072.13.
Sec. 1072.14.
Sec. 1072.15.
Sec. 1072.16.
Sec. 1072.17.
Sec. 1072.18.
Sec. 1072.19.
Sec. 1072.20.
Sec. 1072.21.
Sec. 1072.22.
Sec. 1072.23.
Sec. 1072.24.
Sec. 1072.25.
Sec. 1072.26.
Sec. 1072.27.
Definitions.
Permit Required.
Employee Permit Required
Display.
Filing and Fee Provision.
Employee Permit.
Application for Encounter
Studio Permit.
Application For Employee of an
Encounter Studio.
Verification of Application.
Corporate, Applicants;
Exemption.
Corporate Permittee;
Maintenance of Stock Register;
Report.
Notice of Hearing.
Referral of Application to Other
Departments.
Issuance of Permit For an
Encounter Studio.
Applications Barred For One
Year.
Issuance of Employee Permits.
Revocation or Suspension of
Permit.
Employment of Persons Under
the Age of 18 Prohibited.
Age of Customer.
Sale or Transfer.
Name and Place of Business
Change of Location.
Display of Permit.
Inspection.
Daily Register.
Prohibited Activities.
Solicitation of Trade.
Lighting.
Noise.
Sec.
1072.28.
Booths and Cubicles.
Sec.
1072.29.
Hours of Operation.
Sec.
1072.30.
Signs Regulated.
Sec.
1072.31.
Signs; Continued.
Sec.
1072.32.
Signs Required.
Sec.
1072.33.
Entertainment, Visibility from
the Street.
Sec.
1072.34.
Advertising.
Sec.
1072.35.
Locked Doors.
Sec.
1072.36.
Counseling or Assisting.
Sec.
1072.37.
Exemptions.
Sec.
1072.38.
Exemptions Continued.
Sec.
1072.39.
Exemptions Continued.
Sec.
1072.40.
License Fees.
Sec.
1072.40-1. Employee License.
Sec.
1072.41.
Transfer or Assignment of
Permit.
Sec.
1072.42.
Penalty, Misdemeanor or
Infraction.
Sec.
1072.43.
Penalty Limited Suspension or
Revocation.
Sec.
1072.44.
Time Limit For Obtaining
Permit.
Sec.
1072.45.
Severability.
SEC. 1072.1. DEFINITIONS.
For the purposes of this Article, the following
words and phrases shall mean and include:
(a) Theater. A building, playhouse, room,
hall, or other place having therein a permanent
stage upon which movable scenery is or may be
placed and upon which theatrical or vaudeville
or similar performances are given, with seats so
arranged in proximity to such stage that a body
of spectators may have an unobstructed view of
said stage, the primary function of which is to
serve as the locale of such performance.
(b) Encounter Studio. An establishment
to which patrons or members are invited and is
so arranged as to provide booths, cubicles, room
651
Sec. 1072.1.
San Francisco - Police Code
652
or rooms, compartments or stalls wherein an
entertainer provides entertainment as defined
herein to patrons or members or groups of mem-
bers or patrons within the aforesaid booths,
cubicles, room or rooms, compartments or stalls.
(c) Entertainment. Any act, play, review,
pantomime, scene, song, dance act, song and
dance act, modeling, conversation, appearance
or any other live act, demonstration, exhibition,
or poetry recitation, conducted or participated in
by any person in or upon any premises to which
patrons or members are admitted. "Entertain-
ment" also includes a fashion or style show,
except when conducted by a bona fide nonprofit
club or organization as part of the social activi-
ties of such club or organization, and when
conducted solely as a fund-raising activity for
charitable purposes.
"Entertainment," in addition, is defined to
mean and include the playing upon or use of any
instrument that is capable of or can be used to
produce musical sounds or percussion sounds,
including but not limited to reed, brass, percus-
sion or stringlike instruments; provided, further,
that "entertainment" is defined to mean any
instrument or device capable of producing or
reproducing sound.
(d) Person. An individual, firm, partner-
ship, joint adventure, association, social club,
fraternal organization, joint stock company, cor-
poration, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combi-
nation acting as a unit, excepting the United
States of America, the State of California, and
any political subdivision of either thereof.
(e) Operator. Any person operating an En-
counter Studio, including but not limited to the
owner or proprietor of the premises upon which
it is located, and the lessee, sublessee, or mort-
gagee in possession.
(f) Bona Fide Nonprofit Clubs or Orga-
nizations. Any fraternal charitable, religious or
benevolent, or any other nonprofit organization,
having a regular membership association prima-
rily for mutual social, mental, political and civil
welfare to which admission is limited to mem-
bers and guests and revenue accruing therefrom
to be used exclusively for the benevolent pur-
poses of said organization and which organiza-
tion or agency is exempt from taxation under the
Internal Revenue Laws of the United States as a
bona fide fraternal, charitable, religious, benevo-
lent or nonprofit organization.
(g) Entertainer. An entertainer, for the
purposes of this Article, is any person who per-
forms any act enumerated in Section 1072.1(c) of
this Article within an Encounter Studio whether
for any consideration or not.
(h) Employee. Any and all persons who
work in or about or render any services whatso-
ever to the patrons or customers of an Encounter
Studio and who receives compensation for such
service.
(i) Specified Sexual Activities. (1) Hu-
man genitals in a state of sexual stimulation or
arousal; (2) Acts of human masturbation, sexual
intercourse or sodomy; and (3) Fondling or other
erotic touching of human genitals, pubic region,
buttock or female breast.
(j) Specified Anatomical Areas. (1) Less
than completely and opaquely covered: (a) hu-
man genitals, pubic hair, buttock, natal cleft,
perineum, anal region, and (b) female breast at
or below the areola thereof; and (2) Human male
genitals in a discernibly turgid state, even if
completely and opaquely covered. (Added by Ord.
241-77, App. 6/17/77)
SEC. 1072.2. PERMIT REQUIRED.
It shall be unlawful for any person to engage
in, conduct or carry on, or to permit to be
engaged in, conducted or carried on, in or upon
any premises in the City and County of San
Francisco, the operation of an Encounter Studio
as herein defined, without first having obtained
a permit from the Police Department. (Added by
Ord. 241-77, App. 6/17/77)
SEC. 1072.3. EMPLOYEE PERMIT
REQUIRED DISPLAY.
It shall be unlawful for any entertainer or
other employee to work in or about, or to perform
653
Encounter Studios
Sec. 1072.6.
any services for a customer of an Encounter
Studio without first securing a permit from the
Chief of Police.
Every person to whom an employee permit is
granted pursuant to the provisions of this Article
shall display said permit in plain view on his
person at all times while on an Encounter Studio
premises in such a manner that the same may be
readily seen by customers on the premises. Said
permit shall contain a recent photograph of the
entertainer as well as said entertainer's name
and permit number. (Added by Ord. 241-77, App.
6/17/77)
SEC. 1072.4. FILING AND FEE
PROVISION.
Every applicant desiring a permit to main-
tain, operate or conduct an Encounter Studio
shall file an application with the Chief of Police
upon a form provided by said Chief of Police and
pay a filing fee which shall not be refundable.
Each such applicant shall pay an additional fee
of $500 which shall be used by the Chief of Police
to investigate said applicant's application as
provided in Section 1072.6 herein. Any unused
portion of such additional fee shall be returned to
the applicant at the conclusion of the hearing on
his application provided by Section 1072.1.
(Amended by Ord. 555-81, App. 11/12/81)
SEC. 1072.5. EMPLOYEE PERMIT.
Application to Chief of Police. Every appli-
cant for an Employee Permit for an Encounter
Studio shall file an application with the Chief of
Police on a form provided by said Chief of Police
and pay a filing fee which shall not be refund-
able. Said applicant shall file for a permit within
30 days of the effective date of this Article.
(Amended by Ord. 555-81, App. 11/12/81)
SEC. 1072.6. APPLICATION FOR
ENCOUNTER STUDIO PERMIT.
The application for a permit to operate an
Encounter Studio shall set forth the proposed
place of business and facilities therefor and the
name and address of each applicant.
In addition to the foregoing, any applicant for
a permit shall furnish the following information:
(a) The two previous addresses immedi-
ately prior to the present address of the appli-
cant.
(b) Written proof that the applicant is at
least 18 years of age.
(c) Applicant's height, weight, color of eyes
and hair.
(d) Three portrait photographs at least 2"x2".
(e) Business, occupation, or employment of
the applicant for the three years immediately
preceding the date of application.
(f) All criminal convictions except minor
traffic violations.
(g) If the applicant is a corporation, the
name of the corporation shall be set forth exactly
as shown in its articles of incorporation together
with the names and residence addresses of each
of the officers, directors, and each stockholder
holding more than 10 percent of the stock or
beneficial ownership of the corporation. If the
applicant is a partnership, the application shall
set forth the name and the residence addresses
of each of the partners, including limited part-
ners. If one or more of the partners is a corpora-
tion, the provisions of this Section pertaining to
a corporate applicant apply.
(h) Whether applicant or any other person
who will be directly engaged in the management
or operation of the Encounter Studio has been
previously granted permits or licenses to engage
in a business or occupation by the State of
California or by the City and County of San
Francisco, any of which permits or licenses has/
have been revoked by the granting authority
because of violation of law or violation of rules
promulgated by the regulating agency where the
issuing agency or the regulating agency is either
the Alcoholic Beverage Control Commission or
the San Francisco Police Department. The Chief
of Police shall not take into account such revoca-
tion if the applicant suffered such revocation at
least three years prior to the date of the applica-
tion.
Sec. 1072.6.
San Francisco - Police Code
654
(i) Such other identification and informa-
tion necessary to discover the truth of the mat-
ters hereinbefore specified as required to be set
forth in the application.
(j) Nothing contained herein shall be con-
strued to deny to the Chief of Police the right to
take the fingerprints and additional photo-
graphs of the applicant, nor shall anything con-
tained herein be construed to deny the right of
said Chief of Police to confirm, by independent
investigation, the truth and accuracy of the above
information. (Added by Ord. 241-77, App. 6/17/
77)
SEC. 1072.7. APPLICATION FOR
EMPLOYEE OF AN ENCOUNTER
STUDIO.
The employee of an Encounter Studio filing
for a permit shall furnish the following informa-
tion:
(a) Name.
(b) Residence address.
(c) Encounter Studio in which the employee
is currently working.
(d) Two previous addresses immediately prior
to the present address of the applicant.
(e) Applicant's weight, height, color of eyes
and hair.
(f) Written proof that applicant is at least
18 years of age.
(g) Three portrait photographs of at least 2"
x 2".
(h) Previous employment of the applicant
for three years immediately preceding the date
of application.
(i) All criminal convictions except minor traf-
fic violations.
(j) Such other identification and informa-
tion necessary to discover the truth of the mat-
ters hereinbefore specified.
(k) Whether applicant or any other person
who will be directly engaged in the management
and operation of the Encounter Studio has been
previously granted permits or licenses to engage
in a business or occupation by the State of
California or the City and County of San Fran-
cisco, any of which permits or licenses has/have
been revoked by the granting authority.
(1) Nothing contained herein shall be con-
strued to deny the Chief of Police the right to
take the fingerprints and additional photo-
graphs of the applicant, nor shall anything con-
tained herein be construed to deny the right of
said Chief of Police to confirm, by independent
investigation, the truth and accuracy of the above
information. (Added by Ord. 241-77, App. 6/17/
77)
SEC. 1072.8. VERIFICATION OF
APPLICATION.
Every application for a permit under this
Article shall be verified as provided in the Code
of Civil Procedure of the State of California for
the verification of pleadings. (Added by Ord.
241-77, App. 6/17/77)
SEC. 1072.9. CORPORATE,
APPLICANTS; EXEMPTION.
The provisions of Section 1072.6(a), (b), (c),
(d), (e) and (f) entitled "Application for Permit"
relating to requirement for corporate applicants
shall not apply to any of the following:
(1) A corporation, the stock of which is listed
on a stock exchange in the State of California or
the City of New York, State of New York.
(2) A bank, trust company, financial institu-
tion or title company to which application is
made or to whom a license is issued in a fiduciary
capacity.
(3) A corporation which is required by law
to file periodic reports with the Securities and
Exchange Commission. (Added by Ord. 241-77,
App. 6/17/77)
SEC. 1072.10. CORPORATE PERMITTEE;
MAINTENANCE OF STOCK REGISTER;
REPORT.
(A) Any corporation holding a permit under
this Article shall maintain a stock register at the
principal office of the corporation in San Fran-
cisco and the stock register shall be available to
655
Encounter Studios
Sec. 1072.13.
the Police Department for inspection. Such cor-
poration shall report to the department in writ-
ing any of the following:
(1) Issuance or transfer of any shares of
stock or beneficial ownership thereof to any
person where the issuance or transfer results in
the person owning 10 percent or more of the
corporate stock.
(2) Change in any of the corporate officers
which are required by Section 821 of the Corpo-
rations Code.
(3) Change of the members of its Board of
Directors.
The report shall be filed with the Police
Department within 30 days after the issuance or
transfer of corporate stock or beneficial owner-
ship thereof, change in corporate officers, or
change in members of the Board of Directors, as
the case may be.
(B) The provisions of this Section shall not
apply to any of the following:
(1) A corporation, the stock of which is listed
on a stock exchange in this state or in the City of
New York, State of New York.
(2) A bank, trust company, financial institu-
tion or title company to which a permit is issued
in a fiduciary capacity.
(3) A corporation which is required by law
to file periodic reports with the Securities and
Exchange Commission. (Added by Ord. 241-77,
App. 6/17/77)
SEC. 1072.11. NOTICE OF HEARING.
When an application is filed for a permit
under this Article, the Chief of Police shall fix a
time and place for a public hearing thereon. Not
less than 10 days before the date of such hearing,
the Chief of Police shall cause to be posted a
notice of such hearing in a conspicuous place on
the property in which or on which the proposed
Encounter Studio is to be operated. Such posting
of notice shall be carried out by the Chief of
Police, and the applicant shall maintain said
notice as posted for the required number of days.
(Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.12. REFERRAL OF
APPLICATION TO OTHER
DEPARTMENTS.
The Chief of Police, upon receiving an appli-
cation for an Encounter Studio permit, shall
refer the application to the Bureau of Building
Inspection, the Fire Department, and the City
Planning Department which departments shall
inspect the premises proposed to be operated as
an Encounter Studio and shall make written
recommendations to the Chief of Police concern-
ing compliance with the codes that they admin-
ister. (Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.13. ISSUANCE OF PERMIT
FOR AN ENCOUNTER STUDIO.
The Chief of Police shall issue a permit
within 14 days following a hearing if all require-
ments for an Encounter Studio described in this
Article are met and shall issue a permit to all
persons who apply to perform Encounter Studio
services unless he finds:
(1) That the operation as proposed by the
applicant if permitted would not have complied
with all applicable laws, including, but not lim-
ited to the Building, City Planning, Housing and
Fire Code of the City and County of San Fran-
cisco or regulations by the Chief of Police.
(2) That the operation as proposed by the
applicant if permitted would not result in a
density of more than one Encounter Studios,
Massage Establishments, Adult Theaters or Adult
Bookstores within an area of 500 square feet of
the premises for which a permit is sought.
(3) That the applicant and any other person
who will be directly engaged in the management
and operation of an Encounter Studio has been
convicted of any of the following offenses or
convicted of an offense within, or without the
State of California that would have constituted
any of the following offenses if committed within
the State of California:
(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code;
(b) An offense involving the use of force and
violence upon the person of another.
Sec. 1072.13.
San Francisco - Police Code
656
(c) An offense involving sexual misconduct
with children;
(d) An offense as defined in Sections 311,
647(a), 647a, 647(b), 315, 316, 318 or 266 through
267 inclusive of the Penal Code of the State of
California;
(e) The applicant has had revoked his li-
cense or permit issued by either the Alcoholic
Beverage Control Commission of the State of
California or the San Francisco Police Depart-
ment.
(4) That the applicant or any other person
who will be directly engaged in the management
and operation of the Encounter Studio has had a
permit or license to engage in a business or
occupation granted by the State of California or
the City and County of San Francisco revoked by
the granting authority.
The Chief of Police shall issue a permit to any
person convicted of any of the crimes described
in Subsections (3a), (3b), (3c), (3d), or (3e) of this
Section or subjected to a license or permit revo-
cation as described in Subsection (4) of this
Section if he finds that the termination of any
disability resulting from such conviction or revo-
cation occurred at least three years to the date of
the application and the applicant has had no
subsequent felony convictions of any nature, no
subsequent misdemeanor convictions for crimes
mentioned in this Section and no permit or
license revocations as mentioned in Subsection
(4) of this Section. (Added by Ord. 241-77, App.
6/17/77)
SEC. 1072.14. APPLICATIONS BARRED
FOR ONE YEAR.
Whenever any application is filed for a per-
mit under this Article and said application has
been denied by the Chief of Police, or a permit
issued under this Article has been revoked, and
no appeal has been taken to the Board of Permit
Appeals or when any appeal from such denial or
revocation has been taken to the Board of Permit
Appeals and said Board has concurred in the
judgment or order of denial or revocation, said
application for said permit, or for a like permit
for the same location or by the same applicant
shall not be heard by the Chief of Police until the
expiration of one year from the date of the
previous denial or revocation of said permit or
application and there shall be no appeal to said
Board of Permit Appeals for failure or refusal to
hear any such application or appeal within said
one-year period. (Added by Ord. 241-77, App.
6/17/77)
SEC. 1072.15. ISSUANCE OF EMPLOYEE
PERMITS.
The Chief of Police shall issue a permit
within 14 days following a hearing unless he
finds that the applicant has had a permit or
license to engage in a business or occupation
granted by the State of California or the City and
County of San Francisco revoked by the granting
authority or that the applicant has been con-
victed of any of the following offenses or if
convicted of an offense within or without the
State which would have constituted any of the
following offenses if committed within the State
of California:
(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code.
(b) An offense involving the use of force and
violence on the person of another.
(c) An offense involving sexual misconduct
with children.
(d) An offense as defined in Sections 311,
647(a), 647a, 647(b), 315, 316, 318 or 266 through
267 inclusive of the Penal Code of the State of
California.
(e) The applicant has had revoked his li-
cense or permit issued by either the Alcoholic
Beverage Control Commission of the State of
California or the San Francisco Police Depart-
ment.
The Chief of Police shall issue a permit to any
person subjected to a revocation as described in
this Section or to any person convicted of any of
the crimes enumerated in Subsections (a), (b),
(c), (d), or (e) of this Section if he finds that the
termination of any disability resulting from such
conviction or revocation occurred at least three
years prior to the date of the application and the
657
Encounter Studios
Sec. 1072.23.
applicant has had no subsequent felony convic-
tions of any nature, no subsequent misdemeanor
convictions for crimes mentioned in this Section
and no subsequent permit revocations men-
tioned in this Section. (Added by Ord. 241-77,
App. 6/17/77)
SEC. 1072.16. REVOCATION OR
SUSPENSION OF PERMIT.
Any permit issued for an Encounter Studio or
employee may be revoked or suspended by the
Chief of Police after a hearing, in any case where
any of the provisions of this Article or local or
State law are violated or where any employee of
the permittee has engaged in any conduct which
violates any of the state or local laws or ordi-
nances at permittee's place of business, or in any
case where the permittee or licensee refuses to
permit any duly authorized Police officer of the
City and County of San Francisco to inspect the
premises or the operations therein. (Added by
Ord. 241-77, App. 6/17/77)
SEC. 1072.17. EMPLOYMENT OF
PERSONS UNDER THE AGE OF 18
PROHIBITED.
It shall be unlawful for any owner, proprietor,
manager or other person in charge of any En-
counter Studio to employ any person who is not
at least 18 years of age. (Added by Ord. 241-77,
App. 6/17/77)
SEC. 1072.18. AGE OF CUSTOMER.
It shall be unlawful for any owner, proprietor,
manager or other person in charge of an Encoun-
ter Studio to allow any person under the age of
18 years to patronize an Encounter Studio as a
customer or patron. (Added by Ord. 241-77, App.
6/17/77)
SEC. 1072.19. SALE OR TRANSFER.
Upon sale, transfer or relocation of an En-
counter Studio, the permit and license therefor
shall be null and void unless approved as pro-
vided in Section 1072.24 herein; provided, how-
ever, that upon the death or incapacity of the
permittee the Encounter Studio may continue in
business for a reasonable period of time to allow
for an orderly transfer of the permit.
If the permittee is a corporation, a transfer of
25 percent of the stock ownership of the permit-
tee will be deemed to be a sale or transfer and
the permit and license therefor shall be null and
void unless approved as provided in Section
1072.24 herein; provided, however, that the pro-
vision shall not apply to a permittee corporation,
the stock of which is listed on a stock exchange in
this state or in the City of New York, State of
New York, or which is required by law to file
periodic reports with the Securities and Ex-
change Commission unless approved as provided
in Section 1072.19 herein. (Added by Ord. 241-
77, App. 6/17/77)
SEC. 1072.20. NAME AND PLACE OF
BUSINESS CHANGE OF LOCATION.
No person granted a permit pursuant to this
Article shall operate under any name or conduct
his business under any designation for any loca-
tion not specified in his permit. (Added by Ord.
241-77, App. 6/17/77)
SEC. 1072.21. DISPLAY OF PERMIT.
Every person to whom or for whom a permit
to operate an Encounter Studio shall have been
granted pursuant to the provisions of this Article
shall display said permit in a conspicuous place
within the Encounter Studio so that the same
may be readily seen by persons entering the
premises. (Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.22. INSPECTION.
The Police Department shall, from time to
time and at least twice a year, make an inspec-
tion of each Encounter Studio in the City and
County of San Francisco for the purposes of
determining that the provisions of this Article
are complied with. (Added by Ord. 241-77, App.
6/17/77)
SEC. 1072.23. DAILY REGISTER.
Every person who engages in, conducts, or
carries on the operation of an Encounter Studio
Sec. 1072.23.
San Francisco - Police Code
658
shall keep a daily register, approved as to form
by the Police Department, of the following infor-
mation:
(a) The identification of all employees em-
ployed by such establishment, together with a
duplicate of each of said employees' employee
permit;
(b) The hours of employment of each em-
ployee for each day;
(c) The rooms, cubicles, booths, compart-
ments or stalls assigned to or used by each
employee for that day and the time at which each
employee used or was assigned to each room,
cubicle, booth, compartment or stall; and
(d) All patrons, with said patrons' true full
names, residential street, city and state ad-
dresses and hours of arrival and the rooms,
cubicles, booths, compartments or stalls used by
each patron, if any.
Said daily register shall at all times during
business hours be subject to inspection by the
Police Department and by the Health Depart-
ment and shall be kept on file for one year on the
premises. (Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.24. PROHIBITED ACTIVITIES.
(A) No person, while acting as an enter-
tainer in an Encounter Studio, shall:
(1) Expose his or her genitals, pubic hair,
buttocks, natal cleft, perineum, anal region or
pubic hair region; or
(2) Expose or employ any device, costume or
cover which gives the appearance of or simulates
the genitals, pubic hair, buttocks, natal cleft,
perineum, anal region or pubic hair region; or
(3) Expose any portion of the female breast
at or below the areola thereof; or
(4) Employ any device or covering which is
intended to simulate such portion of the breast;
or
(5) Touch a customer; or
(6) Permit a customer or patron to touch an
entertainer; or
(7) Leave the encounter studio with or meet
a customer or patron outside of said premises.
(B) No person who is a patron of an Encoun-
ter Studio shall place, or cause to be placed in the
daily register false name, or residential street,
city and state addresses. (Added by Ord. 241-77,
App. 6/17/77)
SEC. 1072.25. SOLICITATION OF
TRADE.
No operator or employee of an Encounter
Studio shall permit or allow or cause any person
or employee to solicit trade on the public side-
walk or shall engage in such activity. (Added by
Ord. 241-77, App. 6/17/77)
SEC. 1072.26. LIGHTING.
Every Encounter Studio shall be lighted
throughout to an intensity of at least 12 foot
candles during all hours of operation. (Added by
Ord. 241-77, App. 6/17/77)
SEC. 1072.27. NOISE.
It shall be unlawful for any operator or
employee of an Encounter Studio to make or
continue, or cause, or permit to be made or
continued, any vocal or instrumental music and
related sounds, whether live or reproduced me-
chanically by radio, television, stereo or other-
wise, so as to create any sound or noise which
would cause the sound level (noise level) mea-
sured at any point within the Encounter Studio
to exceed the sound level of 55 decibels, mea-
sured on the A-weighted scale as defined in the
American National Standard S-l.4-1971. (Added
by Ord. 241-77, App. 6/17/77)
SEC. 1072.28. BOOTHS AND CUBICLES.
It shall be unlawful for any operator of an
Encounter Studio to maintain or construct any
booth, cubicle, room or rooms, compartment or
stall that is so arranged that the entire interior
portion of same is not visible from the exterior of
the booth, cubicle, room or rooms, compartment
or stall. No booth, cubicle, room, compartment or
stall shall be so maintained or constructed so
that the entrance to same may be blocked by a
door or curtain or similar device. (Added by Ord.
241-77, App. 6/17/77)
659
Encounter Studios
Sec. 1072.35.
SEC. 1072.29. HOURS OF OPERATION,
Encounter Studios shall be operated only
between the hours of 10:00 a.m., and 10:00 p.m.,
of the same day. (Added by Ord. 241-77, App.
6/17/77)
SEC. 1072.30. SIGNS REGULATED.
No sign or signs which, in whole or in part,
advertise any Encounter Studio and which sign
or signs use the words "nude," "topless," "bottom-
less," "naked," or words of like import in any
language, or which, either expressly or by impli-
cation, indicate that any act which is prohibited
by this Article or by state or local law is available
or performed in said Encounter Studio, shall be
maintained, erected, used or placed in upon or
adjacent to the outside or inside of any building
where it is visible from public streets or from
adjacent buildings and premises, the purposes of
which sign is intended to attract, lure or entice
customers. (Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.31. SIGNS; CONTINUED.
No operator of an Encounter Studio shall
permit, or cause to be permitted, any sign to be
posted on the premises which depicts, describes
or relates to "Specified Sexual Activities" or
"Specified Anatomical Areas" as defined herein.
(Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.32. SIGNS REQUIRED.
(a) Each operator of an Encounter Studio
shall post and display signs in a conspicuous
place, one inside and one outside the Encounter
Studio which lists the services provided by said
studio and the fee or charge for each such ser-
vice;
(b) Each operator of an Encounter Studio
shall post and display signs in a conspicuous
place, one inside and one outside the Encounter
Studio which read as follows: "THIS ENCOUN-
TER STUDIO IS REGULATED BY THE CITY
AND COUNTY OF SAN FRANCISCO. UPON
ENTRY, ALL PATRONS MUST SIGN A REGIS-
TER, GIVING THEIR TRUE NAME AND AD-
DRESS. THE SIGNING OF A FALSE NAME
AND/OR GIVINGAFALSE ADDRESS WILL BE
DEEMED A MISDEMEANOR. ENTERTAIN-
ERS ARE: (1) NOT PERMITTED TO ENGAGE
IN ANY TYPE OF SEXUAL CONDUCT; (2)
NOT PERMITTED TO REMOVE THEIR CLOTH-
ING; (3) NOT PERMITTED TO EXPOSE
BREASTS OR GENITAL AREAS; (4) NOT PER-
MITTED TO TOUCH OR BE TOUCHED BY
CUSTOMERS; (5) NOT PERMITTED TO LEAVE
WITH OR MEET A CUSTOMER OFF THE
PREMISES."
(c) The signs described above must be printed
in upper case block letters no less than one inch
in height and V4 inch in width. Each such sign
shall state the required information in English,
Spanish, Chinese and Japanese. (Added by Ord.
241-77, App. 6/17/77)
SEC. 1072.33. ENTERTAINMENT,
VISIBILITY FROM THE STREET.
No operator of an Encounter Studio shall
permit or cause to be permitted or allow any
entertainment as defined in this Article in such a
manner that said entertainment would be visible
at any time from the street, sidewalk or highway.
(Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.34. ADVERTISING.
No operator of an Encounter Studio shall
place or cause to be placed or distribute or cause
to be distributed any advertising brochures, pam-
phlets, handbills, posters, announcements, or
the like, that depict the human form or portions
thereof, or contain such wording in such a man-
ner that such depictions of the human form or
portions thereof or words would violate Section
1072.25 of this Article if such pictorial represen-
tation were on a sign upon or adjacent to an
Encounter Studio. (Added by Ord. 241-77, App.
6/17/77)
SEC. 1072.35. LOCKED DOORS.
No operator of an Encounter Studio shall lock
or otherwise bar the entrance door to the En-
counter Studio through which customers or pa-
trons are customarily admitted during the hours
of operation. If there is more than one door
through which customers or patrons are custom-
Sec. 1072.35.
San Francisco - Police Code
660
arily admitted, only one such door need remain
in an unlocked condition during the hours of
operation.
Nothing in this Section shall be construed to
relieve the owner, manager, proprietor or person
in charge of an Encounter Studio from compli-
ance with the several sections of Part II, Chapter
IV of the San Francisco Municipal Code (Fire
Code). (Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.36.
ASSISTING.
COUNSELING OR
No person shall permit, counsel or assist any
other person in the violation of any provision of
this Article. (Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.37. EXEMPTIONS.
The provisions of Section 1072.2 relating to
requirement for a permit shall not apply to an
Encounter Studio operated by any public agency
or by any educational or social agency, or any
bona fide charitable organization as defined in
Section 1072.1(f) herein. (Added by Ord. 241-77,
App. 6/17/77)
SEC. 1072.38. EXEMPTIONS
CONTINUED.
This Article shall not apply to any of the
following who hold current, unrevoked licenses
or certificates from the State of California:
(a) Physicians as defined in Section 4033 of
the Business and Professions Code;
(b) Drugless Practitioners as defined in Sec-
tion 2138 of the Business and Professions Code;
(c) Psychiatric Technicians as defined in
Section 4502 of the Business and Professions
Code;
(d) Psychologist as defined in Section 2903
of the Business and Professions Code; or
(e) Persons working under the immediate
control and direction of persons specified in Sub-
sections (a), (b), (c) or (d) of this Section. (Added
by Ord. 241-77, App. 6/17/77)
SEC. 1072.39. EXEMPTIONS
CONTINUED.
This Article shall not apply to:
(a) A theater, concert hall, or similar estab-
lishment which is primarily devoted to theatrical
performances;
(b) Any act authorized or prohibited by any
state statute;
(c) Entertainment as defined in Section
1060(e), Article 15.1 of this Code, and as regu-
lated by Section 1060.9.1 of said Code. (Added by
Ord. 241-77, App. 6/17/77)
SEC. 1072.40. LICENSE FEES.
Every permittee who conducts or assists in
conducting or permitting any Encounter Studio
as defined herein shall pay to the Tax Collector
an annual license fee payable in advance. The
license fee prescribed in this Section is due and
payable on a calendar year basis starting 45 days
after the effective date of this Article prorated
with regard to the calendar year on a monthly
basis. Fees for new licenses issued after the first
day of January, 1974 or in any subsequent cal-
endar year shall be prorated with regard to the
calendar year on a monthly basis. (Amended by
Ord. 555-81, App. 11/12/81)
SEC. 1072.40-1. EMPLOYEE LICENSE.
Every person engaged as an employee of an
Encounter Studio who requires a permit from
the Police Department pursuant to the provi-
sions of Section 1072.3 of this Article shall pay
an annual license fee. (Added by Ord. 555-81,
App. 11/12/81)
SEC. 1072.41. TRANSFER OR
ASSIGNMENT OF PERMIT.
No permit shall be transferable or assignable
except with the written consent of the Chief of
Police. An application for such a transfer shall be
in writing and shall be accompanied by the same
filing fee as for an initial application. The writ-
ten application for such transfer shall contain
the same information as requested herein for
initial application for such a permit. (Amended
by Ord. 555-81, App. 11/12/81)
661
Encounter Studios
Sec. 1072.45.
SEC. 1072.42. PENALTY, MISDEMEANOR
OR INFRACTION.
Any person who violates any provisions of
this Article shall be deemed guilty of a misde-
meanor or an infraction.
(a) If charged as an infraction the penalty,
upon conviction of such person, shall be by a fine
not exceeding $500;
(b) If charged as a misdemeanor the pen-
alty, upon conviction of such person, shall be by
imprisonment in the County Jail for a period not
to exceed six months or by a fine not exceeding
$1,000, or by both such fine and imprisonment;
(c) The complaint charging such violation
shall specify whether the violation charged is a
misdemeanor or an infraction. Such charging
decisions shall be at the sole discretion of the
District Attorney;
(d) Nothing herein shall prohibit the Dis-
trict Attorney from exercising the sole discretion
vested in him by law to charge an operator,
employee, or any other person associated with an
Encounter Studio with violating this or any
other local or state law. (Added by Ord. 241-77,
App. 6/17/77)
1072.2, 1072.3, 1072.4, 1072.5, and 1072.6 pro-
vide. (Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.45. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article,
or application thereof to any person or circum-
stances, is for any reason held to be unconstitu-
tional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not
affect the validity or effectiveness of the remain-
ing portions of this Article or any part thereof.
The Board of Supervisors hereby declares that it
would have passed such section, subsection, sub-
division, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, para-
graphs, sentences, clauses or phrases be de-
clared unconstitutional or invalid or ineffective.
(Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.43. PENALTY LIMITED
SUSPENSION OR REVOCATION.
Any permit issued under the terms of this
Article may be suspended for a period of 30 days
by the Chief of Police if the Chief of Police deems
after a noticed hearing, that violation of the
regulations or any provisions of the Municipal
Code has occurred. A permit may be revoked for
such violations as set forth in Section 1072.16,
above. (Added by Ord. 241-77, App. 6/17/77)
SEC. 1072.44. TIME LIMIT FOR
OBTAINING PERMIT.
All premises required to obtain a permit and
license pursuant to this Article must obtain a
permit within 45 days of the effective date of this
Article; failure to do so shall make continued
operation of said Encounter Studio a violation of
Section 1072.42 hereof. Permits must be ob-
tained from the Police Department as Sections
Sec. 1072.45. San Francisco - Police Code 662
[The next page is 683]
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
Sec. 1073
Sec. 1073
Sec. 1073
Sec. 1073
Sec. 1073
Sec. 1073
Sec. 1073
Sec. 1073
Sec. 1073
Sec. 1073,
Sec. 1073.
Sec. 1073.
1.
.2.
.2.1
.3.
.3.1
.4.1
.5
Sec. 1073.10
Sec. 1073
Sec. 1073.
Sec. 1073.12
Sec. 1073.
Sec. 1073.
Sec. 1073.
Sec. 1073.
Sec. 1073.
Sec. 1073.
Sec. 1073.
Sec. 1073.
Sec. 1073.
Sec. 1073.
Sec. 1073.
Sec. 1073.
Definition.
Permit Required.
Employee Permit Required.
Filing and Fee Provision.
Employee Permit — Application
to Chief of Police.
Application For Public
Photography Studio.
Application For Employee of a
Public Photography Studio.
Corporate Applicants:
Exemption.
Corporate Permittee:
Maintenance of Stock Register;
Report.
Verification of Application.
Notice of Hearing.
Referral of Application to Other
Departments.
Issuance of Permit For a Public
Photography Studio.
10.1. Issuance of Employee Permit.
11. Revocation or Suspension of
Permit.
Employment of Persons Under
the Age of Eighteen Prohibited.
Sale or Transfer.
Name and Place of Business —
Change of Location.
Display of Permit.
Inspection.
License Fees.
Employee License.
13.
14.
15.
16.
17.
17.1
18.
19.
20.
21.
22.
23.
Transfer of Permit.
Prohibition.
Solicitation of Trade.
Lighting.
Booths and Cubicles.
Employment or Payment Not
Necessary for Offense.
Sec. 1073.24.
Sec. 1073.25.
Sec. 1073.26.
Sec. 1073.27.
Sec. 1073.28.
Sec. 1073.29.
Sec. 1073.30.
Sec. 1073.31.
Sec. 1073.32.
Sec. 1073.33.
Sec. 1073.34.
Signs Regulated.
Signs Continued.
Visibility From the Street.
Advertising.
Counseling or Assisting.
Exemptions.
Exemptions Continued.
Penalty.
Time Limit for Obtaining
Permit.
Limited Suspension.
Severability.
SEC. 1073.1. DEFINITION.
For the purpose of this Article, the following
words and phrases shall mean and include:
(a) Theater. A building, playhouse, room,
hall or other place having a permanent stage
upon which movable scenery is or may be placed
and upon which theatrical or vaudeville or simi-
lar performances are given, with permanently
affixed seats so arranged in proximity to such
stage that a body of spectators may have an
unobstructed view of said stage, the primary
function of which is to serve as the locale of such
performances.
(b) Public Photography Studio. An es-
tablishment to which patrons or members are
invited or allowed to photograph or purportedly
photograph or graphically reproduce in any man-
ner persons or models.
(c) Entertainment. Any act, play, review,
pantomime, scene, dance act, song, song and
dance act, poetry recitation, reading, style show
or modeling for photographing or graphic repro-
duction by any means whatsoever within a pub-
lic photography studio as defined herein.
(d) Person. An individual, firm, partner-
ship, joint adventure, association, social club,
fraternal organization, joint stock company, cor-
poration, estate, trust, business trust, receiver,
683
Sec. 1073.1.
San Francisco - Police Code
684
trustee, syndicate, or any other group or combi-
nation acting as a unit, excepting the United
States of America, the State of California, and
any political subdivision of either thereof.
(e) Operator. Any person operating a Pub-
lic Photography Studio, including but not limited
to the owner or proprietor of the premises upon
which it is located, and the lessee, sublessee, or
mortgagee in possession.
(f) Bona Fide Nonprofit Clubs or Orga-
nizations. Any fraternal, charitable, religious or
benevolent, or any other nonprofit organization
having a regular membership association prima-
rily for mutual social, mental, political and civic
welfare, to which admission is limited to mem-
bers and guests and revenue accruing therefrom
to be used exclusively for the benevolent pur-
poses of said organization and which organiza-
tion or agency is exempt from taxation under the
Internal Revenue Laws of the United States as a
bona fide fraternal, charitable, religious, benevo-
lent or nonprofit organization.
(g) Entertainer. An entertainer is any per-
son who performs any act enumerated in Section
1073.1(c) of this Article for any compensation
whatsoever.
(h) Employee. Any and all persons who
render any service whatsoever to the patrons or
customers of a Public Photography Studio and
who receive compensation for such service. (Added
by Ord. 428-74, App. 9/5/74)
SEC. 1073.2. PERMIT REQUIRED.
It shall be unlawful for any person to engage
in, conduct or carry on, or permit to be engaged
in, conducted or carried on in any premises in the
City and County of San Francisco, the operation
of a Public Photography Studio as defined herein,
without first obtaining a permit from the Police
Department. (Added by Ord. 428-74, App. 9/5/74)
SEC. 1073.2.1. EMPLOYEE PERMIT
REQUIRED.
It shall be unlawful for any person, as de-
fined in Section 1073.1(h), to perform any service
for a customer of a Public Photography Studio
without first securing a permit from the Chief of
Police. (Added by Ord. 428-74, App. 9/5/74)
SEC. 1073.3. FILING AND FEE
PROVISION.
Every applicant desiring a permit to main-
tain, operate or conduct a Public Photography
Studio shall file an application with the Chief of
Police upon a form provided by said Chief of
Police and pay a filing fee which shall not be
refundable. (Amended by Ord. 555-81, App. 11/
12/81)
SEC. 1073.3.1. EMPLOYEE PERMIT-
APPLICATION TO CHIEF OF POLICE.
Every applicant for an Employee Permit for a
Public Photography Studio shall file an applica-
tion with the Chief of Police on a form provided
by said Chief of Police and pay a filing fee which
shall not be refundable. Said applicant shall file
for a permit within 30 days of the effective date
of this Article. (Amended by Ord. 555-81, App.
11/12/81)
SEC. 1073.4. APPLICATION FOR
PUBLIC PHOTOGRAPHY STUDIO.
The application for a permit to operate a
Public Photography Studio shall set forth the
proposed place of business and facilities therefor
and the name and address of each applicant.
In addition to the foregoing, any applicant for
a permit shall furnish the following information:
(a) The two previous addresses immedi-
ately prior to the present address of the appli-
cant.
(b) Written proof that the applicant is at
least 18 years of age.
(c) Applicant's height, weight, color of eyes
and hair.
(d) Two portrait photographs at least 2" by
2".
(e) Business, occupation, or employment of
the applicant for the three years immediately
preceding the date of application.
(f) All criminal convictions except minor
traffic violations.
685
Nude Models in Public Photography Studios
Sec. 1073.6.
(g) Such other identification and informa-
tion necessary to discover the truth and the
matters hereinbefore specified as required to be
set forth in the application.
(h) Nothing contained herein shall be con-
strued to deny to the Chief of Police the right to
take fingerprints and additional photographs of
the applicant, nor shall anything contained herein
be construed to deny the right of said Chief of
Police to confirm the height and weight of the
applicant.
(i) If the applicant is a corporation, the
name of the corporation shall be set forth exactly
as shown in its articles of incorporation together
with the names and residence addresses of each
of the officers, directors, and each stockholder
holding more than 10 percent of the stock of the
corporation. If the applicant is a partnership, the
applicant shall set forth the name and residence
address of each of the partners, including limited
partners. If one or more of the partners is a
corporation, the provisions of this Section per-
taining to a corporate applicant apply. (Added by
Ord. 428-74, App. 9/5/74)
SEC. 1073.4.1. APPLICATION FOR
EMPLOYEE OF A PUBLIC
PHOTOGRAPHY STUDIO.
The employee of a Public Photography Studio
filing for a permit shall furnish the following
information:
(a) Name.
(b) Residence address.
(c) Public Photography Studio in which the
employee is currently working.
(d) Two previous addresses immediately prior
to the present address of the applicant.
(e) Applicant's weight, height, color of eyes
and hair.
(f) Written proof that applicant is at least
18 years of age.
(g) Two portrait photographs at least 2" x
2".
(h) Previous employment of the applicant
for three years immediately preceding the date
of application.
(i) All criminal convictions except minor traf-
fic violations.
(j) Such other identification and informa-
tion necessary to discover the truth of the mat-
ters hereinbefore specified.
(k) Nothing contained herein shall be con-
strued to deny the Chief of Police the right to
take the fingerprints and additional photo-
graphs of the applicant, nor shall anything con-
tained herein be construed to deny the right of
said Chief of Police to confirm the height and
weight of the applicant. (Added by Ord. 428-74,
App. 9/5/74)
SEC. 1073.5. CORPORATE APPLICANTS:
EXEMPTION.
The provisions of Section 1073.4(a), (b), (c),
(d), (e) and (f) entitled "Application for Public
Photography Studio" relating to requirements
for corporate applicants shall not apply to any of
the following:
(1) A corporation, the stock of which is listed
on a stock exchange in the State of California or
the City of New York, State of New York.
(2) A bank, trust company, financial institu-
tion or title company to which application is
made or to whom a license is issued in a fiduciary
capacity.
(3) A corporation which is required by law
to file periodic reports with the Securities and
Exchange Commission. (Added by Ord. 428-74,
App. 9/5/74)
SEC. 1073.6. CORPORATE PERMITTEE:
MAINTENANCE OF STOCK REGISTER;
REPORT.
(A) Any corporation holding a permit under
this Article shall maintain a stock register at the
principal office of the corporation in San Fran-
cisco and the stock register shall be available to
the Police Department for inspection. Such cor-
poration shall report to the department in writ-
ing any of the following:
(1) Issuance or transfer of any shares of
stock to any person where the issuance or trans-
fer results in the person owning 10 percent or
more of the corporate stock.
Sec. 1073.6.
San Francisco - Police Code
686
(2) Change in any of the corporate officers
which are required by Section 821 of the Corpo-
rations Code.
(3) Change of the members of its Board of
Directors.
The report shall be filed with the Police
Department within 30 days after the issuance or
transfer of corporate stock, change in corporate
officers, or change in members of the Board of
Directors, as the case may be.
(B) The provisions of this Section shall not
apply to any of the following:
(1) A corporation, the stock of which is listed
on a stock exchange in this state or in the City of
New York, State of New York.
(2) A bank, trust company, financial institu-
tion or title company to which a permit is issued
in a fiduciary capacity.
(3) A corporation which is required by law
to file periodic reports with the Securities and
Exchange Commission. (Added by Ord. 428-74,
App. 9/5/79)
SEC. 1073.7. VERIFICATION OF
APPLICATION.
Every application for a permit under this
Article shall be verified as provided in the Cali-
fornia Code of Civil Procedure for the verification
of pleadings. (Added by Ord. 428-74, App. 9/5/74)
SEC. 1073.8. NOTICE OF HEARING.
When an application is filed for a permit
under this Article, the Chief of Police shall fix a
time and place for a public hearing thereon. Not
less than 10 days before the date of such hearing,
the Chief of Police shall cause to be posted a
notice of such hearing in a conspicuous place on
the property in which or on which the proposed
Public Photography Studio is to be operated.
Such posting of notice shall be carried out by the
Chief of Police, and the applicant shall maintain
said notice as posted for the required number of
days. (Added by Ord. 428-74, App. 9/5/74)
SEC. 1073.9. REFERRAL OF
APPLICATION TO OTHER
DEPARTMENTS.
The Chief of Police, upon receiving an appli-
cation for a Public Photography Studio permit,
shall refer the application to the Bureau of
Building Inspection, the Fire Department, and
the City Planning Department, which depart-
ments shall inspect the premises proposed to be
operated as a Public Photography Studio and
shall make written recommendations to the Chief
of Police concerning compliance with the codes
that they administer. (Added by Ord. 428-74,
App. 9/5/74)
SEC. 1073.10. ISSUANCE OF PERMIT
FOR A PUBLIC PHOTOGRAPHY STUDIO.
The Chief of Police may issue a permit within
14 days following a hearing if all requirements
for a Public Photography Studio described in this
Article are met and may issue a permit to all
persons who apply to perform Public Photogra-
phy Studio services unless he finds:
(1) That the operation as proposed by the
applicant if permitted would not have complied
with all applicable laws, including but not lim-
ited to the Building, City Planning, Housing and
Fire Codes of the City and County of San Fran-
cisco or regulations adopted by the Chief of
Police.
(2) That the applicant and any other person
who will be directly engaged in the management
and operation of a Public Photography Studio
has been convicted of any of the following of-
fenses or convicted of an offense without the
State of California that would have constituted
any of the following offenses if committed within
the State of California:
(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code;
(b) An offense involving the use of force and
violence upon the person of another that amounts
to a felony;
(c) An offense involving sexual misconduct
with children;
687
Nude Models in Public Photography Studios
Sec. 1073.13.
(d) An offense as defined in Sections 311,
647(a), 647a, 647b, 315, 316 or 318 of the Penal
Code of the State of California.
The Chief of Police may refuse to issue any
permit if it shall appear that the character of the
business is not a proper or suitable place in
which to conduct or maintain such business or
calling or the applicant requesting such permit
does not warrant the issuance thereof.
The Chief of Police may issue a permit to any
person convicted of any of the crimes described
in Subsections (a), (b), (c) or (d) of this Section if
he finds that such conviction occurred at least
five years prior to the date of the application and
the applicant has had no subsequent felony con-
victions of any nature and no subsequent misde-
meanor convictions for crimes mentioned in this
Section. (Added by Ord. 428-74, App. 9/5/74)
SEC. 1073.10.1. ISSUANCE OF
EMPLOYEE PERMIT.
The Chief of Police may issue a permit within
14 days following a hearing unless he finds that
the applicant has been convicted of any of the
following offenses or if convicted of an offense
without the State of California that would have
constituted any of the following offenses if com-
mitted within the State of California:
(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code.
(b) An offense involving the use of force and
violence on the person of another that amounts
to a felony.
(c) An offense involving sexual misconduct
with children.
(d) An offense as defined in Section 311,
647(a), 647a, 647b, 315, 316 or 318 of the Penal
Code of the State of California.
The Chief of Police may refuse to issue any
permit if it shall appear that the character of the
applicant does not warrant the issuance thereof.
The Chief of Police may issue a permit to any
person convicted of any of the crimes enumer-
ated in Subsections (a), (b), (c), or (d) of this
Section if he finds that such conviction occurred
at least five years prior to the date of the appli-
cation and the applicant has had no subsequent
felony convictions of any nature and no subse-
quent misdemeanor convictions for crimes men-
tioned in this Section. (Added by Ord. 428-74,
App. 9/5/74)
SEC. 1073.11. REVOCATION OR
SUSPENSION OF PERMIT.
Any permit issued for a Public Photography
Studio or employee may be revoked or suspended
by the Chief of Police, after a hearing, for good
cause, or in any case where any of the provisions
of this Article are violated or where any em-
ployee of the permittee is engaged in any conduct
which violates any of the state or local laws or
ordinances at permittee's place of business and
the permittee has actual or constructive knowl-
edge of such violations, or in any case where the
permittee or licensee refuses to permit any duly
authorized Police Officer of the City and County
of San Francisco to inspect the premises or the
operations therein. (Added by Ord. 428-74, App.
9/5/74)
SEC. 1073.12. EMPLOYMENT OF
PERSONS UNDER THE AGE OF
EIGHTEEN PROHIBITED.
It shall be unlawful for any owner, proprietor,
manager or other person in charge of any Public
Photography Studio to employ any person who is
not at least 18 years of age. (Added by Ord.
428-74, App. 9/5/74)
SEC. 1073.13. SALE OR TRANSFER.
Upon sale, transfer or relocation of a Public
Photography Studio, the permit and license there-
for shall be null and void unless approved as
provided in Section 1073.18 herein; provided,
however, that upon the death or incapacity of the
permittee the Public Photograph}^ Studio may
continue in business for a reasonable period of
time to allow for an orderly transfer of the
permit.
If the permittee is a corporation, a transfer of
25 percent of the stock ownership of the permit-
tee will be deemed to be a sale or transfer and
the permit and license therefor shall be null and
void unless approved as provided in Section
Sec. 1073.13.
San Francisco - Police Code
688
1073.18 herein; provided, however, that the pro-
vision shall not apply to a permittee corporation,
the stock of which is listed on a stock exchange in
this state or in the City of New York, State of
New York, or which is required by law to file
periodic reports with the Securities and Ex-
change Commission unless approved in Section
1073.18 herein. (Added by Ord. 428-74, App.
9/5/74)
SEC. 1073.14. NAME AND PLACE OF
BUSINESS— CHANGE OF LOCATION.
No person granted a permit pursuant to this
Article shall operate under any name or conduct
his business under any designation for any loca-
tion not specified in his permit. (Added by Ord.
428-74, App. 9/5/74)
SEC. 1073.15. DISPLAY OF PERMIT.
Every person to whom or for whom a permit
shall have been granted pursuant to the provi-
sions of this article shall display said permit in a
conspicuous place within the Public Photogra-
phy Studio so that the same may be readily seen
by persons entering the premises. (Added by
Ord. 428-74, App. 9/5/74)
SEC. 1073.16. INSPECTION.
The Police Department shall, from time to
time and at least twice a year, make an inspec-
tion of each Public Photography Studio in the
City and County of San Francisco for the pur-
poses of determining that the provisions of this
Article are complied with. (Added by Ord. 428-
74, App. 9/5/74)
SEC. 1073.17. LICENSE FEES.
Every permittee who conducts or assists in
conducting or permitting any Public Photogra-
phy Studio as defined herein shall pay to the Tax
Collector an annual license fee, payable in ad-
vance. The license fee prescribed in this Section
is due and payable on a calendar year basis
starting 45 days after the effective date of this
Article prorated with regard to the calendar year
on a monthly basis. Fees for new licenses issued
after the first day of January, 1975, or in any
subsequent calendar year shall be prorated with
regard to the calendar year on a monthly basis.
(Amended by Ord. 555-81, App. 11/12/81)
SEC. 1073.17.1. EMPLOYEE LICENSE.
Every person engaged as an employee of a
public photography studio who requires a permit
from the Police Department pursuant to the
provisions of Section 1073.2.1 of this Article shall
pay an annual license fee. (Added by Ord. 555-
81, App. 11/12/81)
SEC. 1073.18. TRANSFER OF PERMIT.
No permit shall be transferable except with
the written consent of the Chief of Police. An
application for such a transfer shall be in writing
and shall be accompanied by the same filing fee
as for an initial application. The written appli-
cation for such transfer shall contain the same
information as requested herein for initial appli-
cation for such a permit. (Amended by Ord.
555-81, App. 11/12/81)
SEC. 1073.19. PROHIBITION.
Every person is guilty of a misdemeanor who,
while acting as an entertainer in a Public Pho-
tography Studio as defined herein:
(a) Exposes his or her genitals, pubic hair,
buttocks, natal cleft, perineum, anal region or
pubic hair region; or
(b) Exposes or employs any device, costume
or cover which gives the appearance of or simu-
lates the genitals, pubic hair, buttocks, natal
cleft, perineum, anal region or pubic hair region;
or
(c) Exposes any portion of the female breast
at or below the areola thereof; or
(d) Employs any device or covering which is
intended to simulate such portion of the breast.
(Added by Ord. 428-74, App. 9/5/74)
SEC. 1073.20. SOLICITATION OF
TRADE.
No operator or employee of a Public Photog-
raphy Studio shall permit or allow or cause any
person or employee to solicit trade on the public
sidewalk at or near the entrance to the Public
689
Nude Models in Public Photography Studios
Sec. 1073.29.
Photography Studio or shall engage in such
activity. (Added by Ord. 428-74, App. 9/5/74)
SEC. 1073.21. LIGHTING.
Every Public Photography Studio shall be
lighted throughout to an intensity of at least 12
foot candles during all hours of operation. (Added
by Ord. 428-74, App. 9/5/74)
SEC. 1073.22. BOOTHS AND CUBICLES.
It shall be unlawful for any operator of a
Public Photography Studio to maintain or con-
struct any booth, cubicle, room or rooms, com-
partment or stall that is so arranged that the
entire interior portion of same is not visible from
the exterior of the booth, cubicle, room or rooms,
compartment or stall. No booth, cubicle, room,
compartment or stall shall be so maintained or
constructed so that the entrance to same may be
blocked by a door or curtain or similar device.
(Added by Ord. 428-74, App. 9/5/74)
SEC. 1073.23. EMPLOYMENT OR
PAYMENT NOT NECESSARY FOR
OFFENSE.
A person shall be deemed to be an enter-
tainer if such person acts in that capacity with-
out regard to whether or not such person is paid
any compensation by the management of the
establishment in which the activity is performed.
(Added by Ord. 428-74, App. 9/5/74)
SEC. 1073.24. SIGNS REGULATED.
No sign or signs which, in whole or in part,
advertise any Public Photography Studio and
which sign or signs use the words "nude", "top-
less", "bottomless", "naked", or words of like
import, shall be maintained, erected, used or
placed upon or adjacent to the outside of any
building where it is visible from public streets or
from adjacent buildings and premises, the pur-
pose of which sign is intended to attract, lure or
entice customers. (Added by Ord. 428-74, App.
9/5/74)
SEC. 1073.25. SIGNS CONTINUED.
No sign or signs, paintings, photographs,
pictorial representations, or any other visual
means shall be maintained, erected, used or
placed upon or adjacent to the outside of any
building, or in connection with any premises
therein, if it shows, reveals or depicts, in whole
or in part, the following:
(1) The actual or simulated displaying of
the pubic hair, anus, vagina, penis, vulva, but-
tocks, or any other genitalia of the human body;
(2) Any portion of the nude female breast
below the top of the areola. (Added by Ord.
428-74, App. 9/5/74)
SEC. 1073.26. VISIBILITY FROM THE
STREET.
No operator of a Public Photography Studio
shall permit or cause to be permitted or allow
any entertainment as defined in this Article in
such a manner that said entertainment would be
visible at any time from the street, sidewalk or
highway. (Added by Ord. 428-74, App. 9/5/74)
SEC. 1073.27. ADVERTISING.
No operator of a Public Photography Studio
shall place or cause to be placed or distribute or
cause to be distributed any advertising bro-
chures, pamphlets, handbills, posters, announce-
ments, or the like, that depict the human form or
portions thereof, or contain such wording in such
a manner that such depictions of the human
form or portions thereof or words would violate
Section 1073.19 of this Article if such pictorial
representation were on a sign upon or adjacent
to a Public Photography Studio. (Added by Ord.
428-74, App. 9/5/74)
SEC. 1073.28. COUNSELING OR
ASSISTING.
Every person is guilty of a misdemeanor who
permits, counsels or assists any person to violate
any provision of this Article. (Added by Ord.
428-74, App. 9/5/74)
SEC. 1073.29. EXEMPTIONS.
The provisions of Section 1073.2 relating to
requirement for a permit shall not apply to a
Public Photography Studio operated by any pub-
lic agency or by any educational or social agency,
Sec. 1073.29.
San Francisco - Police Code
690
or any bona fide charitable organization as de-
fined in Section 1073.1(f) herein. (Added by Ord.
428-74, App. 9/5/74)
SEC. 1073.30. EXEMPTIONS
CONTINUED.
This Article shall not apply to any of the
following:
(a) A school or institute approved by the
Superintendent of Public Instruction pursuant
to the provisions of Section 29007.5 of the Edu-
cation Code of the State of California.
(b) A theater, concert hall or similar estab-
lishment which is primarily devoted to theatrical
performances.
(c) Any act authorized or prohibited by state
statute.
(d) Entertainment as defined in Section
1060(e) of Article 15.1 of this Code and as regu-
lated by Section 1060.9.1 of said Code. (Added by
Ord. 428-74, App. 9/5/74)
SEC. 1073.31. PENALTY.
A violation of this article is punishable by a
fine not exceeding $500 or by imprisonment in
the County Jail for not exceeding six months, or
by both such fine and imprisonment. (Added by
Ord. 428-74, App. 9/5/74)
SEC. 1073.32. TIME LIMIT FOR
OBTAINING PERMIT.
All premises required to obtain a permit and
license pursuant to this Article must obtain a
permit within 45 days of the effective date of this
Article; failure so to do shall make continued
operation of said Public Photography Studio a
violation of Section 1073.31 hereof. Permits must
be obtained from the Police Department as Sec-
tions 1073.2, 1073.3 and 1073.4 hereof provide.
(Added by Ord. 428-74, App. 9/5/74)
SEC. 1073.33. LIMITED SUSPENSION.
Any permit issued under the terms of this
Article may be suspended for a period of 30 days
by the Chief of Police if the Chief of Police deems
after the noticed hearing that violation of the
regulations or any provision of the Municipal
Code has occurred. (Added by Ord. 428-74, App.
9/5/74)
SEC. 1073.34. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article,
or application thereof to any person or circum-
stances, is for any reason held to be unconstitu-
tional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not
affect the validity or effectiveness of the remain-
ing portions of this Article or any part thereof.
The Board of Supervisors hereby declares that it
would have passed each section, subsection, sub-
division, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, para-
graphs, sentences, clauses or phrases be de-
clared unconstitutional or invalid or ineffective.
(Added by Ord. 428-74, App. 9/5/74)
[The next page is 711]
ARTICLE 15.6: ESCORT SERVICES
Sec. 1074.1.
Sec. 1074.2.
Sec. 1074.3.
Sec. 1074.4.
Sec. 1074.5.
Sec. 1074.6.
Sec. 1074.7.
Sec. 1074.8.
Sec. 1074.9.
Sec. 1074.10.
Sec. 1074.11.
Sec. 1074.12.
Sec. 1074.13.
Sec. 1074.14.
Sec. 1074.15.
Sec. 1074.16.
Sec. 1074.17.
Sec. 1074.18.
Sec. 1074.19.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1074.20.
1074.21.
1074.22.
1074.23.
1074.24.
1074.25.
Sec. 1074.26.
Sec. 1074.27.
Definitions.
Permit Required.
Filing Fee.
Application For Escort Service
Permit.
Employee Permit Required.
Employee Permit.
Application For Employee of an
Escort Service.
Verification of Application.
Corporate Applicants;
Exemption.
Corporate Permittee;
Maintenance of Stock Register;
Report.
Notice of Hearing.
Issuance of Permit For an
Escort Service.
Applications Barred For One
Year.
Issuance of Employee Permits.
Revocation or Suspension of
Permit.
Employment of Persons Under
The Age of 18 Prohibited.
Age of Customer.
Sale or Transfer.
Name and Place of Business —
Change of Location.
Inspection.
Daily Register.
Prohibited Activities.
Counseling or Assisting.
License Fees.
Transfer or Assignment of
Permit.
Penalty; Misdemeanor or
Infraction.
Time Limit For Obtaining
Permit.
Sec. 1074.28.
Sec. 1074.29.
Rules and Regulations.
Severability.
SEC. 1074.1. DEFINITIONS.
For the purpose of this Article, the following
words and phrases shall mean and include:
(a) Escort Service. -Any business, agency
or person who, for a fee, commission, hire, re-
ward or profit, furnishes or offers to furnish
names of persons, or who introduces, furnishes
or arranges for persons, who may accompany
other persons to or about social affairs, entertain-
ments or places of amusement, or who may
consort with others about any place of public
resort or within any private quarters. Excluded
from this definition are any businesses, agencies
or persons which provide escort services for older
persons as defined in California Welfare and
Institutions Code Section 9406, when such ser-
vices are provided as part of a social welfare and
health program for such older persons.
(b) Escort. Any person who, for a fee, com-
mission, hire, reward or profit, accompanies other
persons to or about social affairs, entertainments
or places of amusement or consorts with others
about any place of public resort or within any
private quarters. Excluded from this definition
are any persons employed by any business, agency
or person excluded from the definition of "escort
service" above.
(c) Person. An individual, firm, partner-
ship, joint venture, association, social club, fra-
ternal organization, joint stock company, corpo-
ration, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combi-
nation acting as a unit, excepting the United
States of America, the State of California, and
any political subdivision thereof.
(d) Operator. Any person operating an es-
cort service, including but not limited to the
owner or proprietor of the premises upon which
it is located, and the lessee, sublessee, or mort-
gagee in possession.
711
Sec. 1074.1.
San Francisco - Police Code
712
(e) Employee. Any and all persons who
work in or about or render any services whatso-
ever to the patrons or customers of an Escort
Service and who receive compensation for such
service. (Added by Ord. 323-81, App. 6/19/81)
SEC. 1074.2. PERMIT REQUIRED.
It shall be unlawful for any person to engage
in, conduct or carry on, or to permit to be
engaged in, conducted or carried on in the City
and County of San Francisco, the operation of an
escort service as herein defined, without first
having obtained a permit from the Police Depart-
ment. (Added by Ord. 323-81, App. 6/19/81)
SEC. 1074.3. FILING FEE.
Every person desiring a permit to maintain,
operate or conduct an escort service shall file an
application with the Chief of Police upon a form
provided by said Chief of Police and pay a filing
fee which shall not be refundable. Each such
person shall pay an additional fee of $500 which
shall be used by the Chief of Police to investigate
said person's application as provided herein. Any
unused portion of such additional fee shall be
returned to the applicant at the conclusion of the
hearing on his application. (Amended by Ord.
555-81, App. 11/12/81)
SEC. 1074.4. APPLICATION FOR
ESCORT SERVICE PERMIT.
The application for a permit to operate an
escort service shall set forth the proposed place
of business and facilities therefor and the name
and present address of each applicant.
In addition to the foregoing, any applicant for
a permit shall furnish the following information
or documents about the applicant if he is an
individual, about each director and officer if it is
a corporation, about each partner if it is a part-
nership, or about each member if it is some other
organization as listed in Section 1074.1(c):
(a) The present address and the two previ-
ous addresses immediately prior to the present
address;
(b) Written proof that each person is at
least 18 years of age;
(c) Height, weight, color of eyes and hair;
(d) Three portrait photographs at least 2inch;
x 2";
(e) Business occupation, or employment for
the three years immediately preceding the date
of application;
(f) A listing of all criminal convictions ex-
cept minor traffic violations including date and
place of each such conviction;
(g) If the applicant is a corporation, the
name of the corporation exactly as shown in its
articles of incorporation together with the names
and residence addresses of each stockholder hold-
ing more than 10 percent of the stock or benefi-
cial ownership of the corporation. (If one or more
of the partners of applicant is a corporation,
these provisions apply to corporate applicant);
(h) Whether applicant or each person of
whom the above information is required or any
other person who will be directly engaged in the
management or operation of the Escort Service
has been previously granted permits or licenses
to engage in a business or occupation by the
State of California or by the City and County of
San Francisco, or a license or permit issued by
the Alcoholic Beverage Control Commission, any
of which permits or licenses has/have been re-
voked by the granting authority because of vio-
lation of law or violation of rules promulgated by
the regulating agency. (The Chief of Police shall
not take into account such revocation if such
revocation occurred at least three years prior to
the date of the application); and
(i) Such other identification and informa-
tion necessary to discover the truth of the mat-
ters hereinbefore specified as required to be set
forth in the application.
Nothing contained herein shall be construed
to deny to the Chief of Police the right to take the
fingerprints and additional photographs of the
applicant, its officers, directors, or partners nor
shall anything contained herein be construed to
deny the right of said Chief of Police to confirm,
by independent investigation, the truth and ac-
curacy of the above information. (Added by Ord.
323-81, App. 6/19/81)
713
Escort Services
Sec. 1074.10.
SEC. 1074.5. EMPLOYEE PERMIT
REQUIRED.
It shall be unlawful for any escort or other
employee to work in or about an escort service in
the City and County of San Francisco or to
perform any services in the City and County of
San Francisco for a customer of an escort service
wherever located without first securing a permit
from the Chief of Police. (Added by Ord. 323-81,
App. 6/19/81)
SEC. 1074.6. EMPLOYEE PERMIT.
Every person desiring an employee permit
shall file an application with the Chief of Police
on a form provided by said Chief of Police and
pay a filing fee which shall not be refundable and
shall pay to the Tax Collector a license fee
annually, payable in advance. Every person now
working as an escort or employee shall file for a
permit within 30 days of the effective date of this
Article. (Amended by Ord. 555-81, App. 11/12/81)
SEC. 1074.7. APPLICATION FOR
EMPLOYEE OF AN ESCORT SERVICE.
The employee of an escort service filing for a
permit shall furnish the following information:
(a) Name;
(b) Residence address;
(c) Escort service in which the employee is
currently working;
(d) Two previous addresses immediately prior
to the present address of the employee;
(e) Weight, height, color of eye and hair;
(f) Written proof that employee is at least
18 years of age;
(g) Three portrait photographs of at least 2"
x 2";
(h) Previous employment of the employee
for three years immediately preceding the date
of application;
(i) All criminal convictions except minor traf-
fic violations including date and place of each
such conviction;
(j) Such other identification and informa-
tion necessary to discover the truth of the mat-
ters hereinbefore specified; and
(k) Whether employee has been previously
granted permits or licenses to engage in a busi-
ness or occupation by the State of California or
the City and County of San Francisco, any of
which permits or licenses has/have been revoked
by the granting authority.
Nothing contained herein shall be construed
to deny the Chief of Police the right to take the
fingerprints and additional photographs of the
applicant, nor shall anything contained herein
be construed to deny the right of said Chief of
Police to confirm, by independent investigation,
the truth and accuracy of the above information.
(Added by Ord. 323-81, App. 6/19/81)
SEC. 1074.8. VERIFICATION OF
APPLICATION.
Every application for a permit under this
Article shall be verified as provided in the Code
of Civil Procedure of the State of California for
the verification of pleadings. (Added by Ord.
323-81, App. 6/19/81)
SEC. 1074.9. CORPORATE APPLICANTS;
EXEMPTION.
The provisions Subsections (a), (b), (c), (d), (e)
and (f) of the Section 1074.4 relating to require-
ments for corporate applicants shall not apply to
any of the following:
(1) A corporation, the stock of which is listed
on a stock exchange in the State of California or
the City of New York, State of New York;
(2) A bank, trust company, financial institu-
tion or title company to which application is
made or to whom a license is issued in a fiduciary
capacity; and
(3) A corporation which is required by law
to file periodic reports with the Securities and
Exchange Commission. (Added by Ord. 323-81,
App. 6/19/81)
SEC. 1074.10. CORPORATE PERMITTEE;
MAINTENANCE OF STOCK REGISTER;
REPORT.
A. Any corporation holding a permit under
this Article shall maintain a stock register at the
principal office of the corporation in San Fran-
Sec. 1074.10.
San Francisco - Police Code
714
cisco and the stock register shall be available to
the Police Department for inspection. Such cor-
poration shall report to the department in writ-
ing any of the following:
(1) Issuance or transfer of any shares of
stock or beneficial ownership thereof to any
person where the issuance or transfer results in
the person owning 10 percent or more of the
stock or beneficial ownership of the corporation.
(2) Changes of any of the corporate officers
required to be reported by Section 821 of the
California Corporations Code.
(3) Changes of the members of its Board of
Directors. The report shall be filed with the
Police Department within 30 days after the issu-
ance or transfer of corporate stock or beneficial
ownership thereof, changes of corporate officers,
or changes of members of the Board of Directors.
B. The provisions of this Section shall not
apply to any of the following:
(1) A corporation, the stock of which is listed
on a stock exchange in the State of California or
in the City of New York, State of New York;
(2) A bank, trust company, financial institu-
tion or title company to which a permit is issued
in a fiduciary capacity; or
(3) A corporation which is required by law
to file periodic reports with the Securities and
Exchange Commission. (Added by Ord. 323-81,
App. 6/19/81)
SEC. 1074.11. NOTICE OF HEARING.
When an application is filed for a permit
under this Article, the Chief of Police shall fix a
time and place for a public hearing thereon
within 60 days from the date of application. Not
less than 10 days before the date of such hearing,
the Chief of Police shall cause to be posted a
notice of such hearing in a conspicuous place on
the property in which or on which the proposed
escort service is to be operated. Such posting of
notice shall be carried out by the Chief of Police
or his designee, and the applicant shall maintain
said notice as posted until the date of the hear-
ing. (Added by Ord. 323-81, App. 6/19/81)
SEC. 1074.12. ISSUANCE OF PERMIT
FOR AN ESCORT SERVICE.
The Chief of Police shall issue an escort
service permit within 14 days following the hear-
ing if all requirements for an escort service
described in this Article are met unless he finds:
(1) That the premises where the escort ser-
vice business will be conducted does not comply
with all applicable laws, including, but not lim-
ited to, the Building, City Planning, Housing and
Fire Codes of the City and County of San Fran-
cisco, and the rules and regulations adopted by
the Chief of Police pursuant to this Article;
(2) That the applicant or an officer, director
or partner thereof and any other person who will
be directly engaged in the management and
operation of an escort service has been convicted
of an offense within or without the State of
California that would have constituted any of the
following offenses if committed within the State
of California:
(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code;
(b) An offense involving the use of force and
violence upon the person of another:
(c) An offense involving sexual misconduct
with children; or
(d) An offense as defined in Sections 311,
647(a), 647a, 647(b), 315, 316, 318, or 266 through
267 inclusive of the Penal Code of the State of
California; or
(3) That the applicant, an officer, director or
partner thereof or any other person who will be
directly engaged in the management and opera-
tion of the escort service has had a permit or
license to engage in a business or occupation
granted by the State of California or the City and
County of San Francisco or a license or permit
issued by the Alcohol Beverage Control Commis-
sion revoked by the granting authority.
The Chief of Police shall issue a permit to any
person convicted of any of the crimes described
in Subsections (2)(a), (2)(b), (2)(c), or (2)(d) of this
Section or subjected to a license or permit revo-
cation as described in Subsection (3) of this
Section if he finds that the termination of any
715
Escort Services
Sec. 1074.15.
disability resulting from such conviction or revo-
cation occurred at least three years prior to the
date of the application and the applicant, its
officers, directors and partners have had no
subsequent felony convictions of any nature, no
subsequent misdemeanor convictions for crimes
mentioned in this Section and no permit or
license revocations as mentioned in Subsection
(3) of this Section. (Added by Ord. 323-81, App.
6/19/81; amended by Ord. 217-87, App. 6/19/87)
SEC. 1074.13. APPLICATIONS BARRED
FOR ONE YEAR.
Whenever any application is filed for a per-
mit under this Article and said application has
been denied by the Chief of Police, or a permit
issued under this Article has been revoked, and
no appeal has been taken to the Board of Permit
Appeals or when any appeal from such denial or
revocation has been taken to the Board of Permit
Appeals and said Board has concurred in the
judgment or order of denial or revocation, said
application for said permit, or for a like permit
for the same location or by the same applicant
shall not be heard by the Chief of Police until the
expiration of one year from the date of the
previous denial or revocation of said permit or
application and there shall be no appeal to said
Board of Permit Appeals for failure or refusal to
hear any such application or appeal within said
one year period. For the purposes of this Section,
"same applicant" shall mean a corporation hav-
ing substantially the same shareholders as a
prior corporate applicant, or a partnership hav-
ing substantially the same membership as a
prior partnership applicant; furthermore, "same
applicant" shall mean any officer, director, share-
holder or partner of a prior corporate or partner-
ship applicant; provided, that when any permit
is denied by reason of definite existing conditions
which prevent the granting of said permit, and
said conditions are removed or remedied, the one
year's prohibition against reapplication will not
apply. (Added by Ord. 323-81, App. 6/19/81;
amended by Ord. 217-87, App. 6/19/87)
SEC. 1074.14. ISSUANCE OF EMPLOYEE
PERMITS.
The Chief of Police shall issue an employee
permit within 14 days following a hearing unless
he finds that the applicant has had a permit or
license to engage in a business or occupation
granted by the State of California or the City and
County of San Francisco or a permit or license
granted by the Alcoholic Beverage Control Com-
mission revoked by the granting authority or
that the applicant has been convicted of any of
the following offenses, or convicted of an offense
within or without the State which would have
constituted any of the following offenses if com-
mitted within the State of California:
(a) An offense involving conduct which re-
quires registration pursuant to Section 290 of
the Penal Code;
(b) An offense involving the use of force and
violence on the person of another;
(c) An offense involving sexual misconduct
with children; or
(d) An offense as defined in Sections 311,
647(a), 647a, 647(b), 315, 316, 318 or 266 through
267, inclusive, of the Penal Code of the State of
California.
The Chief of Police shall issue a permit to any
person subjected to a revocation as described in
this Section or to any person convicted of any of
the crimes enumerated in Subsections (a), (b), (c)
or (d) of this Section if he finds that the termi-
nation of any disability resulting from such con-
viction or revocation occurred at least three
years prior to the date of the application and the
applicant has had no subsequent felony convic-
tions of any nature, no subsequent misdemeanor
convictions for crimes mentioned in this Section
and no subsequent permit revocation mentioned
in this Section. (Added by Ord. 323-81, App.
6/19/81)
SEC. 1074.15. REVOCATION OR
SUSPENSION OF PERMIT.
Any permit issued for an escort service or
employee may be revoked or suspended by the
Chief of Police after a hearing, in any case where
any of the provisions of this Article or local or
State law are violated or where any employee of
the permittee has engaged in any conduct which
violates any of the State or local laws or ordi-
nances at permittee's place of business, or in any
Sec. 1074.15.
San Francisco - Police Code
716
case where the permittee or licensee refuses to
permit any duly authorized police officer of the
City and County of San Francisco to inspect the
premises or the operations therein or when any
of the rules or regulations adopted by the Chief
of Police pursuant to this Article are violated.
(Added by Ord. 323-81, App. 6/19/81)
SEC. 1074.16. EMPLOYMENT OF
PERSONS UNDER THE AGE OF 18
PROHIBITED.
It shall be unlawful for any owner, proprietor,
manager or other person in charge of any escort
service to employ any person who is not at least
18 years of age. (Added by Ord. 323-81, App.
6/19/81)
SEC. 1047.17. AGE OF CUSTOMER.
It shall be unlawful for any owner, proprietor,
manager or other person in charge of an escort
service to allow any person under the age of 18
years to patronize an escort service as a cus-
tomer or patron. (Added by Ord. 323-81, App.
6/19/81)
SEC. 1074.18. SALE OR TRANSFER.
Upon sale, transfer or relocation of an escort
service, the permit and license therefor shall be
null and void unless approved as provided in
Section 1074.25 herein; provided, however, that
upon the death or incapacity of the permittee,
the escort service may continue in business for a
reasonable period of time to allow for an orderly
transfer of the permit.
If the permittee is a corporation, a transfer of
25 percent of the stock ownership of the permit-
tee will be deemed to be a sale or transfer and
the permit and license therefor shall be null and
void unless approved as provided in Section
1074.25 herein; provided, however, that the pro-
vision shall not apply to a permittee corporation,
the stock of which is listed on a stock exchange in
this State or in the City of New York, State of
New York, or which is required by law to file
periodic reports with the Security and Exchange
Commission. (Added by Ord. 323-81, App. 6/19/
81)
SEC. 1074.19. NAME AND PLACE OF
BUSINESS— CHANGE OF LOCATION.
No person granted a permit pursuant to this
Article shall operate under any name or conduct
his business under any designation for any loca-
tion not specified in his permit. (Added by Ord.
323-81, App. 6/19/81)
SEC. 1074.20. INSPECTION.
The Police Department may, from time to
time during business hours, inspect each escort
service in the City and County of San Francisco
for the purposes of determining that there is
compliance with the provisions of this Article.
(Added by Ord. 323-81, App. 6/19/81; amended
by Ord. 217-87, App. 6/19/87)
SEC. 1074.21. DAILY REGISTER.
Every person who engages in, conducts, or
carries on the operation of an escort service shall
keep a daily register, approved as to form by the
Police Department, containing the following in-
formation:
(a) The identification of all employees em-
ployed by such establishment together with a
duplicate of each of said employees' employee
permit;
(b) The hours of employment of each em-
ployee for each day; and
(c) The names of all patrons, including true
full names, residential addresses, including street,
city and state, hours of employment of escort
service, name of escort or employee providing
escort services, location and place where escort
services took place, and fee charged.
Said daily register shall at all times during
business hours be subject to inspection by the
Police Department only for the limited purpose
of determining that said daily registers are being
maintained in compliance with the provisions of
this Section and shall be kept on file for one year
on the premises. Any evidence so obtained shall
not be admissible for any purpose other than
proof of compliance or noncompliance with this
Section. The Police Department and the Health
Department are authorized to inspect said daily
registers for other purposes or to obtain informa-
717
Escort Services
Sec. 1074.29.
tion therefrom only if they have first obtain a
warrant. (Added by Ord. 323-81, App. 6/19/81;
amended by Ord. 217-87, App. 6/19/87)
SEC. 1074.22. PROHIBITED ACTIVITIES.
No person who is a patron of an escort service
shall place or cause to be placed in the daily
register a false name or address. (Added by Ord.
323-81, App. 6/19/81; amended by Ord. 217-87,
App. 6/19/87)
SEC. 1074.23.
ASSISTING.
COUNSELING OR
No person shall permit, counsel or assist any
other person in the violation of any provision of
this Article. (Added by Ord. 323-81, App. 6/19/81)
SEC. 1074.24. LICENSE FEES.
Every permittee who conducts or assists in
conducting any escort service as defined herein
shall pay to the Tax Collector a license fee
annually, payable in advance. The license fee
prescribed in this Section is due and payable on
a calendar year basis starting 45 days after the
effective date of this Article prorated with regard
to the calendar year on a monthly basis. Fees for
new licenses issued after the first day of Janu-
ary, 1981, or in any subsequent calendar year
shall be prorated with regard to the calendar
year on a monthly basis. (Amended by Ord.
555-81, App. 11/12/81)
SEC. 1074.25. TRANSFER OR
ASSIGNMENT OF PERMIT.
No permit shall be transferred or assigned
except with the written consent of the Chief of
Police. An application for such a transfer shall be
in writing and shall be accompanied by the same
filing fee as for an initial application. The writ-
ten application for such transfer shall contain
the same information as required herein for an
initial application for such a permit. (Amended
Ord. 555-81, App. 11/12/81)
SEC. 1074.26. PENALTY-
MISDEMEANOR OR INFRACTION.
Any person who willfully violates any provi-
sion of this Article shall be deemed guilty of a
misdemeanor or an infraction.
(a) If charged as an infraction, the penalty
upon conviction of such person shall be a fine not
exceeding $500.
(b) If charged as a misdemeanor, the pen-
alty upon conviction of such person, shall be
imprisonment in the County Jail for a period not
to exceed six months or by a fine not exceeding
$1,000, or by both such fine and imprisonment.
(c) The complaint charging such violation
shall specify whether the violation charged is a
misdemeanor or an infraction. Such charging
decisions shall be at the sole discretion of the
District Attorney.
(d) Nothing herein shall prohibit the Dis-
trict Attorney from exercising the discretion vested
in him by law to charge an operator, employee, or
any other person associated with an escort ser-
vice with violating this or any other local or state
law. (Added by Ord. 323-81, App. 6/19/81)
SEC. 1074.27. TIME LIMIT FOR
OBTAINING PERMIT.
All premises required to obtain a permit and
license pursuant to this Article must obtain a
permit within 60 days of the effective date of this
Article; failure to do so shall make continued
operation of said escort service a violation of
Section 1074.2 hereof. (Added by Ord. 323-81,
App. 6/19/81; amended by Ord. 217-87, App.
6/19/87)
SEC. 1074.28. RULES AND
REGULATIONS.
The Chief of Police may adopt rules and
regulations supplemental to this Article and not
in conflict therewith. (Added by Ord. 323-81,
App. 6/19/81; amended by Ord. 217-87, App.
6/19/87)
SEC. 1074.29. SEVERABILITY.
If any section, subsection, subdivision, para-
graph, sentence, clause or phrase of this Article,
Sec. 1074.29. San Francisco - Police Code 718
or application thereof to any person or circum-
stances, is for any reason held to be unconstitu-
tional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not
affect the validity or effectiveness of the remain-
ing portions of this Article or any part thereof.
The Board of Supervisors hereby declares that it
would have passed such section, subsection, sub-
division, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, para-
graphs, sentences, clauses or phrases be de-
clared unconstitutional or invalid or ineffective.
(Added by Ord. 323-81, App. 6/19/81; amended
by Ord. 217-87, App. 6/19/87)
[The next page is 729]
ARTICLE 16: REGULATIONS FOR MOTOR VEHICLES FOR HIRE
DIVISION I
PROVISIONS GOVERNING
ALL VEHICLES
Sec. 1075. Declaration of Policy.
Sec. 1076. Definitions.
Sec. 1077. Administration of This Article;
Authority to Issue Regulations.
Sec. 1078. Permit Required for Operation
of Motor Vehicles for Hire;
Exclusions.
Sec. 1079. Issuance of Permits;
Applications; Hearings.
Sec. 1080. Permit Applications.
Sec. 1081. Factors Considered in Issuing
Permits; Driving Requirements.
Sec. 1081.5. Driving Requirements for
Designated Taxi Company Key
Personnel.
Sec. 1082. Only Natural Persons Licensed;
One Permit Per Person;
Individual Permittees Only;
Exceptions.
Sec. 1083. Sale or Transfer of Corporate
Permittee; Corporate Records.
Sec. 1084. Permits a Privilege;
Nontransferability of Permits;
Notice Re Death of Permittee;
Lease of Permit Prohibited After
Permittee's Death.
Permit Fees.
Duration of Licenses, Etc.;
Existing Permits.
Enforcement Fund.
Medallions.
Drivers Permits.
Revocation of Permits.
Insurance Required.
Filing Insurance Policies or
Bond with Police Commission.
Sec. 1093. New Policy to be Furnished.
Sec.
1085
Sec.
1086
Sec.
1087
Sec.
1088
Sec.
1089,
Sec.
1090.
Sec.
1091,
Sec.
1092,
Sec. 1094. Provisions for Self-Insurers.
Sec. 1095. Information to be Filed with
Chief of Police.
Sec. 1096. Continuous Operation Required.
Sec. 1097. Safe, Clean Operation Required.
Sec. 1098. Smoking by Drivers Prohibited.
Sec. 1099. Sanitary Condition.
Sec. 1100. Brake Inspection.
Sec. 1101. Driving Recklessly or Under
Influence of Intoxicants
Prohibited.
Sec. 1102. Loading Regulated.
Sec. 1103. Posting Schedule of Rates.
Sec. 1105. Solicitation Prohibited.
Sec. 1107. Reports of Lost Property.
Sec. 1108. Public Stands.
Sec. 1109. Regulating Standing.
Sec. 1110. False Statements Prohibited.
DIVISION II
TAXICABS
Permits
Sec. 1120. Taxicab Permits.
Sec. 1121. Permit Applications; Driving
Experience Required.
Sec. 1122. Eligibility for Taxicab Permits.
Sec. 1123. Radio Dispatch Capability.
Sec. 1124. Lease of Taxicab Permit.
Sec. 1124.5. Employee Status for Drivers.
Sec. 1125. Taxicab Color Schemes;
Adoption; Permits; Changes.
Sec. 1126. Name on Vehicle.
Sec. 1127. Taxicab Dispatch Service
Permits.
Regulations Governing Operations
Sec. 1135. Rates for Taxicabs.
Sec. 1135.1. Gate Fees.
729
Supp. No. 14, February 2008
San Francisco - Police Code
730
Sec. 1135.2.
Sec. 1135.3.
Sec. 1136.
Sec. 1137.
Sec. 1137.5.
Sec. 1138.
Sec. 1139.
Sec. 1140.
Sec. 1141.
Sec. 1142.
Sec. 1143.
Sec. 1144.
Sec. 1145.
Sec. 1146.
Sec. 1147.
Sec. 1147.1.
Sec. 1147.2.
Sec. 1147.3.
Sec. 1147.4.
Sec. 1147.5.
Sec. 1147.6.
Sec. 1147.7.
Sec. 1147.8.
Sec. 1147.9.
Sec.
Sec.
Sec.
1148.
1148.1.
1148.2.
Sec. 1148.3.
Gate Fee Surcharge for Low
Emission Vehicles.
Reduced Emissions by
Company.
Rates for Baggage.
Review of Rates of Fare and
Cap on Gate Fees.
Increased Cost of Paratransit
Program.
Waybill.
Emergency Rates for Taxicabs.
Taximeters.
Disagreement as to Fare;
Receipt.
Refusal to Convey; Excessive
Charges.
Refusal to Convey; Refusal to
Obey Posted "No Smoking"
Sign.
Taximeter Operation.
Penalty for Refusal to Pay Fare.
Deduction for Time While
Disabled.
Purpose.
Driver Education.
Safety Equipment.
Review.
Compliance with Workers'
Compensation Requirements.
Limitation of Liability.
Penalties.
Ban on Tobacco Advertising.
Participation in Paratransit
Program.
Cab Pooling.
DIVISION IIA
RAMPED TAXIS
Permits.
Permit Applications.
Eligibility for Permit for
Ramped Taxi.
Additional Considerations for
Issuance of Permits.
Sec. 1148.4. Permit Operation.
Sec. 1148.5. Ramped Taxi Operations.
Sec. 1148.6. Use of Ramped Taxi Permit in
Spare Taxicab.
DIVISION III
JITNEY BUSES
Sec. 1150. Jitney Permits.
Sec. 1151. Approval of Routes Required.
Sec. 1152. Rates and Fares for Jitney
Buses.
Sec. 1153. Suspension of Operation.
Sec. 1154. Emergency Permits.
DIVISION IV
SIGHTSEEING AND
INTERURBAN BUSES
Sec. 1155. Sightseeing and Interurban Bus
Permits.
1156. Name on Vehicle.
1157. Temporary Sightseeing Bus
Permits.
Sec. 1158. Filing Routes and Fares for
Sightseeing Buses.
DIVISION V
MOTORIZED RICKSHAWS
Sec. 1160. Motorized Rickshaw Permits.
Sec. 1161. Rates for Motorized Rickshaws.
DIVISION VI
LIMOUSINES
Sec. 1165. Inspection of Limousine
Waybills.
Sec. 1166. Union Square Stands.
DIVISION VII
EMPLOYER'S BUS STANDS
Sec. 1170. Employer's Bus Stands.
Sec. 1171. Use of Employer's Bus Stands
Prohibited by Unauthorized
Vehicles; Penalty.
Sec.
Sec.
Supp. No. 14, February 2008
731
DIVISION VIII
RENTAL VEHICLES
Sec.
1175.
Businesses of Renting or
Leasing Motor Vehicles and/or
Trailers for a Period of 60 Days
or Less Without Driver or
Operator.
Sec.
1176.
Definitions.
Sec.
1177.
Permit Required.
Sec.
1178.
Records to be Kept; Contents.
Sec.
1179.
Driver's License Required.
Sec.
1180.
License Fees.
DIVISION IX
RESTRICTED AREAS
Sec. 1183. Operation of
Passenger-Carrying Commercial
Motor Vehicles Within Certain
Streets and Areas, Prohibited.
1183.1. Restricted Areas.
1183.2.1. Restricted Areas.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1183.3. Restricted Areas.
1183.4. Restricted Areas.
1183.5. Restricted Areas.
1183.6. Restricted Areas.
1183.7. Restricted Areas.
1183.8. Restricted Areas.
1183.9. Restricted Areas.
1183.10. Restricted Areas.
1183.11. Restricted Areas.
1183.12. Restricted Areas.
1183.13. Restricted Areas.
1183.14. Restricted Areas.
1183.15. Restricted Areas.
1183.16. Restricted Areas.
1183.17. Restricted Areas.
1183.18. Restricted Areas.
1183.19. Restricted Areas.
1183.20. Restricted Areas.
1183.21. Restricted Areas.
1183.22. Restricted Areas.
1183.23. Restricted Areas.
1183.24. Restricted Areas.
ehic]
les for Hire Sec. 1075
Sec.
1183.25.
Restricted Areas.
Sec.
1183.28.
Restricted Areas.
Sec.
1183.29.
Restricted Areas.
Sec.
1183.30.
Restricted Areas.
Sec.
1183.31.
Restricted Areas.
Sec.
1183.32.
Restricted Areas.
Sec.
1183.33.
Restricted Areas.
Sec.
1183.34.
Restricted Areas.
Sec.
1183.35.
Restricted Areas.
Sec.
1183.36.
Restricted Areas.
Sec.
1183.37.
Restricted Areas.
Sec.
1183.38.
Restricted Areas.
Sec.
1183.39.
Restricted Areas.
Sec.
1183.40.
Restricted Areas.
DIVISION X
PENALTIES
Sec.
1185.
Penalties.
Sec.
1186.
Full-time Driving Requirement;
Violations; Administrative
Penalties.
Sec.
1187.
Commission Rules and
Regulations; Violations;
Administrative Penalties.
Sec.
1187.1.
Operating Without a Permit;
Violations; Administrative
Penalties.
Sec.
1188.
Procedures for Administrative
Penalties.
DIVISION I
PROVISIONS GOVERNING ALL
VEHICLES
SEC. 1075. DECLARATION OF POLICY.
The Board of Supervisors of the City and
County of San Francisco hereby declare it shall
be the policy of the City and County of San
Francisco that:
(a) All motor vehicle for hire permits issued
by the City and County of San Francisco are the
property of the people of the City and County of
San Francisco and shall not be sold, assigned or
transferred.
Supp. No. 14, February 2008
Sec. 1075.
San Francisco - Police Code
732
(b) A sufficient number of permits for each
type, kind, or class of motor vehicle for hire shall
be issued to assure adequate service to the
public, including residents, commuters, tourists
and other visitors.
(c) All taxicabs shall be operated with an
effective 24-hour radio dispatch service to assure
prompt, safe and adequate service for all resi-
dents of the City and County of San Francisco,
including, without limitation, elderly and handi-
capped persons, in all locations throughout the
City and County.
(d) Taxicab operators may charge less than
the maximum fare set by law, as set forth below.
(e) All commercial operation of motor ve-
hicles for hire in the City and County of San
Francisco shall be subject to regulation under
this Article, except to the extent that such regu-
lation is preempted or precluded by state or
federal law. It is the intent of the Board of
Supervisors that this Article shall apply to all
motor vehicles for hire, including those which
may from time to time be deregulated by state or
federal authority although now or in the future
exempted from regulation hereunder by virtue of
state or federal law.
(f) The public will benefit from additional
efforts to enforce the provisions of this Article,
and a portion of the cost of enforcement should
be funded through fees collected from holders of
permits issued under this Article. (Added by
Ord. 562-88, App. 12/27/88)
SEC. 1076. DEFINITIONS.
For purposes of this Article the following
words and phrases are defined and shall be
construed as hereinafter set forth:
(a) "Motor Vehicle for Hire" Defined. A "mo-
tor vehicle for hire" is hereby defined to mean
and include every type, kind and class of pri-
vately owned motor-propelled passenger-carry-
ing vehicle for hire over which the City and
County of San Francisco may exercise jurisdic-
tion.
(b) "Taxicab" Defined. A "taxicab" is hereby
defined to be a motor vehicle for hire of a
distinctive color or colors and which is operated
at rates per mile or upon a waiting-time basis, or
both, and which is equipped with a taximeter
and which is used for the transportation of
passengers for hire over and along the public
streets, not over a defined route but, as to the
route and destination, in accordance with and
under the direction of the passenger or person
hiring such vehicle. A "taxicab" does not include
motor vehicles for hire herein defined as "ramped
taxis."
(c) "Taximeter" Defined. A "taximeter" is
hereby defined to be an instrument or device
attached to a motor vehicle for hire by means of
which instrument or device the charge autho-
rized for hire of such vehicle is mechanically
calculated either on a basis of distance traveled
or for waiting time, or a combination thereof,
which charges shall be indicated upon such taxi-
meter by means of figures, in dollars and cents.
(d) "Taxicab Dispatch Service" Defined. A
"taxicab dispatch service" is hereby defined to be
any person, business, firm, partnership, associa-
tion or corporation which holds itself out to the
public in general as a source of taxicab service by
or through which taxicabs may be summoned or
dispatched by radio.
(e) "Taxicab Color Scheme" Defined. A "taxi-
cab color scheme" is hereby defined to be any
color scheme, design or dress for taxicabs that is
distinguishable from the color scheme, design or
dress customarily used for private automobiles.
(f) "Jitney" Defined. A "jitney" or "jitney
bus" is defined to be a motor vehicle for hire less
than 20 feet in length traversing the public
streets between certain definite points or termini
and conveying no more than 15 passengers for a
fixed charge, between such points or any inter-
mediate points, and so held out, advertised or
announced; provided, however, that the size and
passenger limitations established herein shall
not apply to any vehicle operated as of July 1,
1983. A jitney bus is hereby declared to be a
common carrier and is subject to the regulations
prescribed in the Municipal Code and in this
Article.
Supp. No. 14, February 2008
732.1 Regulations for Motor Vehicles for Hire Sec. 1076.
(g) "Motorized Rickshaw" Defined. A "motor-
ized rickshaw" is hereby defined to be a passenger-
carrying motor vehicle for hire having three or
four wheels, convertible type, designed to carry
not more than four passengers. The gross weight
of a motorized rickshaw shall not exceed 4,700
pounds, unloaded, and shall have a wheelbase
not to exceed 95 inches, and shall have an engine
not to exceed four cylinders. A motorized rick-
shaw shall have a cloth hood over the rear
seating area that shall resemble the hood of a
traditional oriental rikisha or jinrikisha.
Supp. No. 14, February 2008
[INTENTIONALLY LEFT BLANK]
Supp. No. 14, February 2008
733
Regulations for Motor Vehicles for Hire
Sec. 1076.
(h) "Limousine" Defined. A "limousine" is
hereby defined to be a passenger-carrying motor
vehicle for hire, of private appearance (except as
to license plates), not equipped with a taximeter,
designed to accommodate seven or eight persons,
inclusive of a driver, and used for the transpor-
tation of persons for hire over and along the
public streets, not over a fixed and defined route
but, as to route and destination, in accordance
with and under the direction of the passenger or
person hiring such limousine, the charges for use
of which are based upon rates per mile, per trip,
per hour, per day, per week or per month.
(i) "Funeral Limousine" Defined. A "funeral
limousine" is hereby defined to be any limousine
used exclusively in the business of any under-
taker or funeral director.
(j) "Sightseeing Bus" Defined. A "sightsee-
ing bus" is hereby defined to be a motor vehicle
for hire used in the conveyance, for hire, of
tourists and sightseers, over the public streets,
for the purpose of a sightseeing trip or tour in the
visiting and viewing of places of interest. A
"sightseeing bus" is hereby defined to be a com-
mon carrier and subject to the regulations pre-
scribed in the Municipal Code and this Article.
(k) "Interurban Bus" Defined. An "interur-
ban bus" is hereby defined to be a motor vehicle
for hire, other than a jitney bus used for trans-
porting passengers for hire over and along the
public streets between certain definite points or
termini, one within and the other without the
limits of the City and County of San Francisco.
An "interurban bus" is hereby declared to be a
common carrier and subject to the regulations
prescribed in the Municipal Code and this Ar-
ticle.
(1) "Permittee" Defined. "Permittee" is hereby
defined to mean any person, business, firm,
partnership, association or corporation which
holds any permit or license issued by or under
the authority of the City and County of San
Francisco to operate or drive any motor vehicle
for hire. "Permit holder" means "permittee."
(m) "Operator" Defined. "Operator" is hereby
defined to mean any person, business, firm,
partnership, association or corporation licensed
by the City and County of San Francisco pursu-
ant to the provisions of this Article and any agent
of such permittee including, but not limited to,
any manager or lessee of said permittee.
(n) "Driver" Defined. "Driver" is hereby de-
fined to mean any person engaged in the me-
chanical operation and having physical charge or
custody of a motor vehicle for hire while said
motor vehicle for hire is available for hire or is
actually hired.
(o) "Full-Time Driver" Defined. "Full-time
driver" is hereby defined to mean any driver
actually engaged in the mechanical operation
and having physical charge or custody of a motor
vehicle for hire which is available for hire or
actually hired (i) for at least four hours during
any 24-hour period on at least 75 percent of the
business days during the calendar year or (ii) for
at least 800 hours during the calendar year.
(p) "Stand" Defined. "Stand" is hereby de-
fined to be a place designated by the Department
of Public Works for the use, while awaiting
employment, of the particular motor-propelled
passenger-carrying vehicles authorized to utilize
the same.
(q) "Police Commission" Defined. "Police
Commission" as used herein means the Police
Commission of the City and County of San Fran-
cisco.
(r) "Police Department" Defined. "Police De-
partment" as used herein means the Police De-
partment of the City and County of San Fran-
cisco.
(s) "Chief of Police" Defined. "Chief of Po-
lice" as used herein means the Chief of Police of
the Police Department of the City and County of
San Francisco and his designated agents within
the Police Department.
(t) "Tax Collector" Defined. "Tax Collector"
as used herein means the Tax Collector of the
City and County of San Francisco.
(u) "Controller" Defined. "Controller" as used
herein means the Controller of the City and
County of San Francisco.
Sec. 1076.
San Francisco - Police Code
734
(v) "Department of Public Works" Defined.
"Department of Public Works" as used herein
means the Department of Public Works of the
City and County of San Francisco.
(w) "Employer's Bus" Defined. "Employer's
bus" as used herein means a bus or other vehicle
capable of transporting 12 or more persons,
including the driver, which is regularly operated
and maintained in order to transport employees
to and from various business locations by a
person or corporation which employs 100 or more
persons at one location within the City and
County of San Francisco.
(x) "Employer's Bus Stand" Defined.
"Employer's bus stand" as used herein means
that portion of the street which the Department
of Public Works designates as reserved for the
exclusive use of one or more employer's buses in
order to load and unload passengers at a busi-
ness location of the employer.
(y) "Ramped Taxi" Defined. A "ramped taxi"
as used herein is a motor vehicle for hire of a
distinctive color or colors operated at rates per
mile or upon a waiting-time basis, or both, which
is a minivan or similar vehicle specially adapted
via ramp access for wheelchair users, which is
also equipped with a taximeter, and which pri-
oritizes requests for service from wheelchair
users for purposes of transportation over and
along the public streets, not over a defined route
but, as to the route and destination, in accor-
dance with and under the direction of the pas-
senger or person hiring such vehicle. (Added by
Ord. 562-88, App. 12/27/88; Ord. 64-97, App.
3/6/97; Ord. 111-04, File No. 040343, App. 7/1/
2004)
SEC. 1077. ADMINISTRATION OF THIS
ARTICLE; AUTHORITY TO ISSUE
REGULATIONS.
(a) Rules and Regulations. The Taxi Com-
mission from time to time shall, after a noticed
public hearing, adopt such rules and regulations
to effect the purposes of this Article as are not in
conflict therewith.
(b) Administration of Regulations. As
set forth elsewhere in this Article, the Taxi
Commission shall be charged with administering
and enforcing the provisions of this Article, and
any rules or regulations promulgated hereunder.
(c) Enforcement. In addition to the admin-
istrative penalties set forth in Section 1090 of
this Article, violations of the Commission's Rules
may be punished as infractions as set forth in
Section 1185(d). (Added by Ord. 562-88, App.
12/27/88; amended by Ord. 106-99, File No.
990006, App. 5/7/99)
SEC. 1078. PERMIT REQUIRED FOR
OPERATION OF MOTOR VEHICLES FOR
HIRE; EXCLUSIONS.
(a) Permit Required. No person, busi-
ness, firm, partnership, association or corpora-
tion shall drive or operate any motor vehicle for
hire on the public streets of the City and County
of San Francisco, nor shall any person, business,
firm, partnership, association or corporation op-
erate any taxicab radio-dispatch service or taxi-
cab color scheme in the City and County of San
Francisco, without a permit issued by the Taxi
Commission authorizing such driving or opera-
tion in accordance with the provisions of this
Article.
(b) Limitation on Types of Vehicles for
Hire. No person, business, firm, partnership,
association or corporation shall drive or operate,
directly or indirectly, any motor vehicle for hire
on the public streets of the City and County of
San Francisco which is not specifically defined in
this Article; provided, however, that the Taxi
Commission may declare, after a noticed public
hearing, that the public convenience and neces-
sity require the operation of a type, kind or class
of motor vehicle for hire not herein defined, and
issue a permit or permits for such type, kind or
class of motor vehicle for hire in accordance with
the procedures and provisions set forth in Sec-
tions 1079 through 1081 of this Article.
(c) Exclusions for Vehicles Licensed in
Other Jurisdictions. This Article shall not
apply to any motor vehicle for hire duly licensed
by any city, county or other public entity which
735
Regulations for Motor Vehicles for Hire
Sec. 1079.
may enter the City and County of San Francisco
for the purpose of delivering passengers who
have hired said motor vehicle for hire within a
jurisdiction in which said motor vehicle for hire
is licensed to operate; provided, however, that no
such motor vehicle for hire shall accept or be
hired by any passenger while in the City and
County of San Francisco.
(d) Exclusion for Vehicles Licensed by
California PUC. This Article shall not apply to
the operation of motor vehicles engaged in the
business of, or used for, transporting passengers
for hire when such motor vehicles are operated
under and by authority of certificates of public
convenience and necessity issued by the Public
Utilities Commission of the State of California;
provided, however, that this clause shall be con-
strued to create an exception only to the extent,
character and type of operation expressly pre-
scribed and authorized by the certificate issued
by said Public Utilities Commission and shall be
limited by and entirely within the scope of said
certificate as issued by said Public Utilities Com-
mission. No limousine or other charter-party
carrier of passengers, whether licensed by the
California Public Utilities Commission or not,
shall operate as a taxicab on the public streets of
the City and County of San Francisco without a
permit issued by the Taxi Commission authoriz-
ing such driving or operation in accordance with
the provisions of this Article.
(e) Partial Exclusion for Funeral Lim-
ousines. Any person engaged in the business of
undertaker or funeral director desiring a permit
for the operation of a limousine or limousines
used solely in connection with said business
shall not be required to qualify under Sections
1079 through 1081 or Sections 1091 through
1094 of this Article; provided, however, that the
Taxi Commission shall have the power to grant
permits exclusively for such funeral limousines
after a noticed hearing on an application there-
for. The Taxi Commission may prescribe the form
and content for such applications. All funeral
limousine permittees shall be subject to the
condition and rulemaking authority of the Taxi
Commission and the Executive Director of the
Taxi Commission as provided for in Section 1077
of this Article. Such permits shall be nonassign-
able and nontransferable.
(f) Exclusion for Employer's Buses. No
permit is required under this Article for the
operation of an employer's bus as defined in
Section 1076(w).
(g) Exclusion for Private Ambulances.
This Article shall not apply to private ambu-
lances regulated under Part II, Chapter V of the
Municipal Code (Health Code).
(h) Exclusions for Rail Vehicles. This
Article shall not apply to any vehicle operating
on fixed tracks or rails. (Added by Ord. 562-88,
App. 12/27/88; amended by Ord. 15-06, File No.
051720, App. 1/20/2006)
SEC. 1079. ISSUANCE OF PERMITS;
APPLICATIONS; HEARINGS.
(a) Scope of Section. To the extent the
provisions of this Section and Sections 1080
through 1088 of this Article are inconsistent with
the provisions of Sections 2.1 through 2.30 of
Article I of the San Francisco Police Code, the
provisions of this Article shall be applicable to all
permits for the operation of motor vehicles for
hire granted pursuant to this Article; provided,
however, that certain alternative and additional
provisions with respect to permits for the opera-
tion of taxicabs are set forth below in Sections
1120 et seq. Provisions of this Section shall not
apply to taxicab dispatch service, taxicab color
scheme permits, or permits for the operation of a
rental vehicle business under Division 8 of this
Article.
(b) Taxi Commission to Issue Permits.
The Taxi Commission shall issue permits for the
operation of motor vehicles for hire that are
provided for in this Article as the public conve-
nience and necessity shall require. The Taxi
Commission shall not issue a permit for any
motor vehicle for hire service not defined in
Section 1076 hereof, except as provided for in
Section 1078(b) of this Article.
(c) Declaration of Public Convenience
and Necessity. No permit shall be issued for the
operation of any motor vehicle for hire unless
Sec. 1079.
San Francisco - Police Code
736
and until the Taxi Commission shall by resolu-
tion declare that public convenience and neces-
sity require the proposed service for which appli-
cation for a permit is made and the applicant is
found to be eligible under all the requirements of
this Article.
(d) Hearings to Determine Public Con-
venience and Necessity. The Taxi Commission
shall hold hearings to determine public conve-
nience and necessity pursuant to all applications
for the issuance of permits to operate motor
vehicles for hire. Protests against the issuing of a
permit may be filed with the Taxi Commission.
The Taxi Commission shall consider all protests
and in conducting its hearing shall have the
right to call such additional witnesses as it
desires. In all such hearings, the burden of proof
shall be upon the individual applicant to estab-
lish by clear and convincing evidence that public
convenience and necessity require the operation
of the vehicle or vehicles for which permit appli-
cation has been made, and that such application
in all other respects should be granted. Subject
to the provisions of Subsection (e) of this Section,
hearings on applications for declaration of public
convenience and necessity shall be held at least
once each calendar year for each type, kind or
class of permit for which one or more applica-
tions are pending.
(e) Consolidation of Hearings Permit-
ted. The Taxi Commission may consolidate for
hearing and determination of public convenience
and necessity all applications for a given type,
kind or class of permit. Any declaration of public
convenience and necessity made by the Taxi
Commission pursuant to such a consolidated
hearing shall be valid and binding as to the total
number of permits authorized for a particular
type, kind or class of permit and as to each
application included for hearing in said consoli-
dated hearing and shall have continuing force
and effect until the next subsequent Taxi Com-
mission hearing on public convenience and ne-
cessity as to that particular type, kind or class of
permit. Any applicant whose application is called
for hearing at a consolidated hearing may rely
upon the testimony and evidence adduced before
the Taxi Commission by other pending conve-
nience and necessity, in the sole discretion and
judgment of the individual applicant; provided,
however, that the burden of proof in establishing
public convenience and necessity shall remain on
each applicant.
(f) Role of Controller. Prior to increasing
the total number of authorized permits, the Taxi
Commission shall notify the Controller of the
proposed increase and receive from the Control-
ler, within 30 days of the Controller's receipt of
the Taxi Commission notice, a report including
the Controller's recommendation for an adjust-
ment in the mean gate fee cap and/or in rates of
fare for taxicabs, and/or the institution of tem-
porary permit lease fee controls, necessary to
maintain income of drivers and color scheme
permitholders.
(g) Notice of Commission's Determina-
tion. Written notice of a declaration of public
convenience and necessity by the Taxi Commis-
sion shall be given to all subject applicants and
all protestors whose names and addresses are
known to said Commission. Such notice shall be
given forthwith upon the adoption of such decla-
ration. A declaration of public convenience and
necessity made at or as a result of a consolidated
hearing under Subsection (e) of this Section may
be appealed to the Board of Appeals as set forth
in Section 4.106 of the Charter of the City and
County of San Francisco. Prior to increasing the
total number of authorized permits beyond the
currently authorized number if the Taxi Commis-
sion has not authorized an increase, or beyond
any increase authorized by the Taxi Commis-
sion, the Board of Appeals shall notify the Con-
troller of the Board of Appeals' proposed increase
and receive from the Controller within 30 days of
the Controller's receipt of the Board of Appeals
notice, a report including the Controller's recom-
mendation for an adjustment in the mean gate
fee cap and/or in rates of fare for taxicabs, and/or
the institution of permit lease fee controls, nec-
essary to maintain income of drivers and color
scheme permitholders.
(h) If the Taxi Commission or the Board of
Appeals authorizes the issuance of any addi-
tional number of taxicab permits above the 1381
737
Regulations for Motor Vehicles for Hire
Sec. 1080.
permits authorized to be issued as of November
12, 2002, the Controller shall transmit to the
Board of Supervisors a report including the
Controller's recommendation for an adjustment
in the mean gate fee cap and/or in rates of fare
for taxicabs and/or the institution of temporary
permit lease fee controls, necessary to maintain
income of drivers and color scheme permithold-
ers, and proposed legislation instituting such
recommendations.
(i) Separate Hearings for Individual Ap-
plicants. Notwithstanding any consolidated hear-
ing on public convenience and necessity as pro-
vided for in Subsection (e) of this Section, every
applicant for a permit to operate a motor vehicle
for hire shall have a separate hearing to review
and determine the applicant's individual eligibil-
ity and compliance with all applicable laws,
rules and regulations before a permit is issued,
notice of which shall be given in the same man-
ner as set forth in Section 1080(a) of this Article.
Each application shall be investigated and the
results of the investigation shall be transmitted
to the Taxi Commission at the time of the hear-
ing on the applicant's individual qualifications.
If public convenience and necessity is declared
for the issuance of a permit and an applicant is
found to be eligible therefor after consideration
by the Taxi Commission of the factors set forth in
Section 1081 of this Article, the Taxi Commission
shall so notify the applicant. Within 60 days
thereafter the applicant shall furnish to the Taxi
Commission any and all additional information
which may be required. If the Taxi Commission
then finds that the applicant, in addition to
complying with all other requirements, is the
owner of the vehicle or vehicles for which a
permit is sought, and that each such vehicle
meets with all applicable statutes, ordinances,
rules and regulations, it shall thereupon issue
the permit. A finding made at or as a result of a
hearing under this Section may be appealed to
the Board of Appeals as set forth in Section 4.106
of the Charter of the City and County of San
Francisco.
(j) Conditions on Permits. The Taxi Com-
mission may attach such conditions as it deems
to be consistent with pu 
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